People v. V.V.

When we consider mistake of fact for general intent crimes, we must pay particular attention to how the statute defines the conduct. When we apply that element to the facts at hand, we must also determine what precisely counts as part of the conduct, that is, what can be called the nature of the conduct, and what, by contrast, counts as some other fact. 

If we call a certain aspect a "fact," then the ordinary mistake of fact rule applies to that fact. But if we can call it part of the conduct, then general intent applies to it, since it's part of the conduct. Consider these observations below.