Mistake Defense

Question 1

What are the 2 Mistake Defenses?

Answer 1

1. Mistake of Fact
2. Mistake of Law

Question 2

1. Mistake of Fact

Answer 2

A. It will release D from criminal liability if it negates the “Mens Rea” requirement for a crime.

B. MPC allows a mistake defense for both reasonable and unreasonable mistakes.

Question 3

2. Mistake of Law

Answer 3

A. Occurs if D mistakenly believes that his conduct is not a crime when in fact it is.

B. This is NOT recognized as a defense EXCEPT when
1. D reasonably relies on a statute in goof faith; OR
2.D Reasonably relies on an official interpretation of the Law in good faith; OR
3. The law is not generally published or reasonably available to D.