76-2-304 - Ignorance or mistake of fact or law.
76-2-304. Ignorance or mistake of fact or law.
(1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpablemental state is a defense to any prosecution for that crime.
(2) Ignorance or mistake concerning the existence or meaning of a penal law is nodefense to a crime unless:
(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did notconstitute an offense, and
(b) His ignorance or mistake resulted from the actor's reasonable reliance upon:
(i) An official statement of the law contained in a written order or grant of permission byan administrative agency charged by law with responsibility for interpreting the law in question;or
(ii) A written interpretation of the law contained in an opinion of a court of record ormade by a public servant charged by law with responsibility for interpreting the law in question.
(3) Although an actor's ignorance or mistake of fact or law may constitute a defense tothe offense charged, he may nevertheless be convicted of a lesser included offense of which hewould be guilty if the fact or law were as he believed.
Amended by Chapter 32, 1974 General Session