Is a mistake of fact defense in a money laundering case harmless?

California, United States of America


The following excerpt is from People v. Skytte, C074100 (Cal. App. 2015):

Moreover, any error in failing to instruct on mistake of fact was harmless. "[A] failure to instruct where there is a duty to do so can be cured if it is shown that 'the factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions.' [Citation.]" (People v. Stewart, supra, 16 Cal.3d at p. 140.) Here, the jury was instructed that to find defendant guilty of money laundering, it had to find that "defendant knew the monetary instruments represented the proceeds of criminal activity or were derived directly or indirectly from the proceeds of criminal activity." Thus, in finding defendant guilty of money laundering the jury found defendant knew the money was from illegal activities, a finding directly adverse to his mistake of fact defense.

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