People v. Najar

Defendant was convicted, after jury trial, of unlawful failure to report as a sex offender. Court did not err in denying Defendant's request for 2 Illinois Pattern Jury Instructions where he asserted affirmative defense of mistake of fact and testified that he mistakenly believed that required reporting date was after the actual 90-day deadline. Court correctly determined that what allegedly occurred was a lapse of memory and not a mistake of fact. Evidence was insufficient to support a mistake-of-fact defense. (McLAREN and SPENCE, concurring.)