Iowa v. Freeman, 450 N.W.2d 826 (Iowa 1990)

Facts: ∆ was convicted of theft after taking property he claimed to believe was his own (or that he had a colorable claim of right to). The defense rested on ∆'s honest, even if mistaken, belief about ownership.
Issue: Whether ∆'s honest mistake about ownership negates the specific intent to steal.
Rule: Theft requires specific intent to deprive another of property. An honest belief in a right to the property—reasonable or not—negates that specific intent.
Analysis: Theft is a specific-intent crime, so the mistake need only be honest. ∆ does not have the intent to steal if ∆ believes the property is his.
Judgment: Reversed; mistake-of-fact instruction should have been given.

Reading: pp. 137–38. See Mistake of Fact.