Utah Code 76-2-304. Ignorance or mistake of fact or law
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(1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.
Terms Used In Utah Code 76-2-304
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- Public servant: means :(16)(a)(i) a public officer;(16)(a)(ii) an appointed official, employee, consultant, or independent contractor of a public entity; or(16)(a)(iii) a person hired or paid by a public entity to perform a government function. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless:(2)(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not constitute an offense, and(2)(b) His ignorance or mistake resulted from the actor’s reasonable reliance upon:(2)(b)(i) 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)(b)(ii) A written interpretation of the law contained in an opinion of a court of record or made 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 to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the fact or law were as he believed.