Legislation
SECTION 15.20
Effect of ignorance or mistake upon liability
Penal (PEN) CHAPTER 40, PART 1, TITLE B, ARTICLE 15
§ 15.20 Effect of ignorance or mistake upon liability.
1. A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief of fact, unless:
(a) Such factual mistake negatives the culpable mental state required
for the commission of an offense; or
(b) The statute defining the offense or a statute related thereto
expressly provides that such factual mistake constitutes a defense or
exemption; or
(c) Such factual mistake is of a kind that supports a defense of
justification as defined in article thirty-five of this chapter.
2. A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief that it does not, as
a matter of law, constitute an offense, unless such mistaken belief is
founded upon an official statement of the law contained in (a) a statute
or other enactment, or (b) an administrative order or grant of
permission, or (c) a judicial decision of a state or federal court, or
(d) an interpretation of the statute or law relating to the offense,
officially made or issued by a public servant, agency or body legally
charged or empowered with the responsibility or privilege of
administering, enforcing or interpreting such statute or law.
3. Notwithstanding the use of the term "knowingly" in any provision of
this chapter defining an offense in which the age of a child is an
element thereof, knowledge by the defendant of the age of such child is
not an element of any such offense and it is not, unless expressly so
provided, a defense to a prosecution therefor that the defendant did not
know the age of the child or believed such age to be the same as or
greater than that specified in the statute.
4. Notwithstanding the use of the term "knowingly" in any provision of
this chapter defining an offense in which the aggregate weight of a
controlled substance or marihuana is an element, knowledge by the
defendant of the aggregate weight of such controlled substance or
marihuana is not an element of any such offense and it is not, unless
expressly so provided, a defense to a prosecution therefor that the
defendant did not know the aggregate weight of the controlled substance
or marihuana.
1. A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief of fact, unless:
(a) Such factual mistake negatives the culpable mental state required
for the commission of an offense; or
(b) The statute defining the offense or a statute related thereto
expressly provides that such factual mistake constitutes a defense or
exemption; or
(c) Such factual mistake is of a kind that supports a defense of
justification as defined in article thirty-five of this chapter.
2. A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief that it does not, as
a matter of law, constitute an offense, unless such mistaken belief is
founded upon an official statement of the law contained in (a) a statute
or other enactment, or (b) an administrative order or grant of
permission, or (c) a judicial decision of a state or federal court, or
(d) an interpretation of the statute or law relating to the offense,
officially made or issued by a public servant, agency or body legally
charged or empowered with the responsibility or privilege of
administering, enforcing or interpreting such statute or law.
3. Notwithstanding the use of the term "knowingly" in any provision of
this chapter defining an offense in which the age of a child is an
element thereof, knowledge by the defendant of the age of such child is
not an element of any such offense and it is not, unless expressly so
provided, a defense to a prosecution therefor that the defendant did not
know the age of the child or believed such age to be the same as or
greater than that specified in the statute.
4. Notwithstanding the use of the term "knowingly" in any provision of
this chapter defining an offense in which the aggregate weight of a
controlled substance or marihuana is an element, knowledge by the
defendant of the aggregate weight of such controlled substance or
marihuana is not an element of any such offense and it is not, unless
expressly so provided, a defense to a prosecution therefor that the
defendant did not know the aggregate weight of the controlled substance
or marihuana.