Excuse Flashcards
14:14
Insanity- if the circumstances indicate that because of mental disease for defect the offender was incapable of distinguishing between right and wrong the offender shall be exempt from prosecution.
14:15
Intoxication-the fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except:
14:15(1)
Where the production of the intoxicated or drugged condition has been involuntary and the circumstances indicate that this condition is the direct cause of the commission of the crime, the offender is exempt from criminal consequences.
14:15(2)
Where the circumstances indicate that an intoxicated or drugged condition has PRECLUDED THE PRESENCE OF SPECIFIC INTENT or of special knowledge required in a particular crime, this fact is a DEFENSE to a prosecution for that crime
14:16
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.
14:17
Mistake of law-ignorance of the provision of this code cannot be a defense to any criminal prosecution, HOWEVER, mistake of law which results in the lack of an intention that consequences which are criminal follow, is a defense to a criminal prosecution under the following circumstances:
14:17 (1)
where the offender reasonably relied on the act of the legislature in repeating an existing criminal provision or in otherwise purporting to make the offender’s conduct lawful; or
14:17 (2)
there 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