§ 609. Mistake of Law.

Except as otherwise expressly provided, a person's good faith belief that conduct does not constitute a crime is an affirmative defense if he acted in reasonable reliance upon a statement of the law contained in:

(a) a statute or other enactment;

(b) a judicial decision, opinion, order or judgment;

(c) an administrative order or grant of permission; or

(d) an official interpretation of the public servant or body charged by law with responsibility for the interpretation, ad­ministration or enforcement of the law defining the crime.

§ 303. Mistake of Fact in Affirmative Defenses.

Except as otherwise expressly provided, a mistaken belief that the facts which constitute an affirmative defense exist is not a defense.

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part I. General Provisions

Subpart C. Culpability

§ 16. Mistake of fact

Unless there is a provision to the contrary in the definition of a crime, reasonable ignorance of fact or mistake of fact which precludes the presence of any mental element required in that crime is a defense to any prosecution for that crime.

Current through the 2012 Regular Session.

LSA-R.S. 14:17

Effective:[See Text Amendments]

West's Louisiana Statutes Annotated Currentness

Louisiana Revised Statutes

Title 14. Criminal Law

Chapter 1. Criminal Code (Refs & Annos)

Part I. General Provisions

Subpart C. Culpability

§ 17. Mistake of law

Ignorance of the provision of this Code or of any criminal statute is not a defense to any criminal prosecution. However, mistake of law which results in the lack of an intention that consequences which are criminal shall follow, is a defense to a  criminal prosecution under the following circumstances:

(1) Where the offender reasonably relied on the act of the legislature in repealing an existing criminal provision, or in otherwise purporting to make the offender's conduct lawful; or

(2) Where the offender reasonably relied on a final judgment of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional.

Current through the 2012 Regular Session.

LSA-R.S. 14:18

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.02. Mistake of Fact

(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

V.T.C.A., Penal Code § 8.03

Effective:[See Text Amendments]

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.03. Mistake of Law

(a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:

(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or

(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.

(c) Although an actor's mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

Iowa Code Annotated Currentness

Title XVI. Criminal Law and Procedure [Chs. 687-915] (Refs & Annos)

Subtitle 1. Crime Control and Criminal Acts [Chs. 687-747] (Refs & Annos)

Chapter 701. General Criminal Law Provisions (Refs & Annos)

701.6. Ignorance or mistake

All persons are presumed to know the law. Evidence of an accused person's ignorance or mistake as to a matter of either fact or law shall be admissible in any case where it shall tend to prove the existence or nonexistence of some element of the crime with which the person is charged.

CREDIT(S)

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 1), § 106, eff. Jan. 1, 1978.

Current with immediately effective legislation signed as of 5/21/2013 from the 2013 Reg.Sess.

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-206. Mistaken belief, ignorance

(a) It is a defense to a prosecution that the actor engaged in the conduct charged to constitute the offense under a mistaken belief of fact if:

(1) The statute defining the offense or a statute relating to the offense expressly provides that a mistaken belief of fact constitutes a defense; or

(2) Mistaken belief of fact establishes a defense of justification provided by § 5-2-601 et seq.

(b) Except as provided by subsection (c) of this section, a person is not relieved of criminal liability for conduct because he or she engages in that conduct believing that the conduct does not as a matter of law constitute an offense.

(c) It is an affirmative defense to a prosecution that the actor engaged in the conduct charged to constitute the offense believing that the conduct did not as a matter of law constitute an offense, if the actor acted in reasonable reliance upon an official statement of the law contained in:

(1) A statute or other enactment afterward determined to be invalid or erroneous;

(2) The latest judicial decision of the highest state or federal court that has decided the matter; or

(3) An official interpretation of a public servant or agency charged by law with responsibility for the interpretation or administration of the law defining the offense.

(d)(1) Although ignorance or mistake of fact would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he or she supposed.

(2) However, in a case described by subdivision (d)(1) of this section the ignorance or mistake of fact of the defendant reduces the class or degree of the offense of which he or she may be convicted to that of the offense of which the defendant would be guilty had the situation been as he or she supposed.

(e) A mistake of law other than as to the existence or meaning of the statute under which the defendant is prosecuted is relevant to disprove the specific culpable mental state required by the statute under which the defendant is prosecuted.

CREDIT(S)

Acts of 1975, Act 280, § 206.

Formerly A.S.A. 1947, § 41-206.

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 52. Principles of Criminal Liability

21-5207. Ignorance or mistake

(a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in K.S.A. 21-5204, and amendments thereto, is a defense if it negates the existence of the culpable mental state which the statute prescribes with respect to an element of the crime.

(b) A person's reasonable belief that such person's conduct does not constitute a crime is a defense if:

(1) The crime is defined by an administrative regulation or order which is not known to such person and has not been published in the Kansas administrative regulations or an annual supplement thereto, as provided by law; and such person  could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to such person;

(2) such person acts in reliance upon a statute which later is determined to be invalid;

(3) such person acts in reliance upon an order or opinion of the supreme court of Kansas or a United States appellate court later overruled or reversed; or

(4) such person acts in reliance upon an official interpretation of the statute, regulation or order defining the crime made by a public officer or agency legally authorized to interpret such statute.

(c) Although a person's ignorance or mistake of fact or law, or reasonable belief, as described in subsection (b), is a defense to the crime charged, such person may be convicted of an included crime of which such person would be guilty if the fact or law were as such person believed it to be.

CREDIT(S)

Laws 2010, ch. 136, § 18, eff. July 1, 2011.

Current through 2012 regular session.