Texas Penal Code Practice

Which of the following is NOT considered a defense to prosecution under Texas Penal Code?

1. Intoxication

2. Mistake of fact

3. Mistake of law

4. Entrapment

The correct answer is: Intoxication

Intoxication is not considered a defense to prosecution under Texas Penal Code. This is because voluntary intoxication is generally not a defense to a criminal act in Texas. It is important to note that the law expects individuals to be responsible for their actions, even if they were under the influence of alcohol or drugs at the time of the offense. Mistake of fact and mistake of law can be valid defenses depending on the circumstances of the case. Mistake of fact occurs when a person misunderstands or is ignorant of a fact that negates the mental state required for the crime. Mistake of law, on the other hand, may be a defense in certain situations where the defendant was reasonably relying on a mistaken understanding of the law. Entrapment can also be a defense in Texas if the defendant can show that law enforcement induced them to commit the crime that they would not have otherwise committed. Therefore, intoxication is the correct answer as it is not considered a defense in Texas Penal Code.