What is the defense of a defendant in a civil case against a defendant who committed a crime by accident?

California, United States of America

The following excerpt is from People v. Aguilar, H044120 (Cal. App. 2019):

^4. "Penal Code section 26 states the statutory defense: 'All persons are capable of committing crimes except those belonging to the following classes: [] . . . [] FivePersons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.' The defense appears in CALCRIM No. 3404, which explains [that] a defendant is not guilty of a charged crime if he or she acted 'without the intent required for that crime, but acted instead accidentally.' " (People v. Anderson (2011) 51 Cal.4th 989, 996.)

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