Mistake of Law Flashcards
1
Q
Mistake of Law
A
Generally not a defense
2
Q
Exceptions to Mistake of Law Generally not being a defense
A
Statute proscribing conduct was NOT PUBLISHED OR MADE REASONABLY AVAILABLE PRIOR TO CONDUCT
REASONABLY RELIANCE ON STATUTE OR JUDICIAL DECISION.
REASONABLE RELIANCE ON OFFICIAL INTERPRETATION (only in some states)
3
Q
Ignorance of the Law
A
If mistake or ignorance as to a collateral legal matter proves that defendant lacked state of mind required for crime, she is entitled to acquittal
Mistake must involve the elements of the crime