Mistake of Law Flashcards

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1
Q

Mistake of Law

A

Generally not a defense

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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)

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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

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