§ 18-1-504 — Effect of ignorance or mistake upon culpability

(1) A person is
not relieved of criminal liability for conduct because he engaged in that conduct
under a mistaken belief of fact, unless:

(a) It negatives the existence of a particular mental state essential to
commission of the offense; or

(b) The statute defining the offense or a statute relating thereto expressly
provides that a factual mistake or the mental state resulting therefrom constitutes
a defense or exemption; or

(c) The factual mistake or the mental state resulting therefrom is of a kind
that supports a defense of justification as defined in sections 18-1-701 to 18-1-707.

(2) A person is not relieved of criminal liability for conduct because he
engages in that conduct under a mistaken belief that it does not, as a matter of law,
constitute an offense, unless the conduct is permitted by one or more of the
following:

(a) A statute or ordinance binding in this state;

(b) An administrative regulation, order, or grant of permission by a body or
official authorized and empowered to make such order or grant the permission
under the laws of the state of Colorado;

(c) An official written interpretation of the statute or law relating to the
offense, made or issued by a public servant, agency, or body legally charged or
empowered with the responsibility of administering, enforcing, or interpreting a
statute, ordinance, regulation, order, or law. If such interpretation is by judicial
decision, it must be binding in the state of Colorado.

(3) Any defense authorized by this section is an affirmative defense.

Legislative History

Source: L. 71: R&RE, p. 404, � 1. C.R.S. 1963: � 40-1-604.