Title 76 Utah Criminal Code Chapter 2 Principles of Criminal Responsibility Section 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 culpable
mental state is a defense to any prosecution for that crime.
(2) Ignorance or mistake concerning the existence or meaning of a penal law is no
defense to a crime unless:
(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not
constitute 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 by
an 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 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.
Amended by Chapter 32, 1974 General Session
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