Celis, Mauricio Rodriguez

*435KELLER, P.J.,

filed a concurring opinion in which PRICE and KEASLER, JJ., joined.

I write separately to respond to Judge Cochran’s contention that the mistake-of-fact defense applies to elements of an offense other than the culpable mental state. Her position conflicts with the language of the Penal Code, contradicts legislative history, and would produce a sea-change in our law.

A. Language of the Penal Code

Mistake of fact is a defense only if the defendant’s mistake “negated the kind of culpability required for the commission of the offense.”1 Judge Cochran is correct that “culpability”…