Maine Statutes

§ 17-A §36 — Ignorance or mistake

Maine·Title 17-A MAINE CRIMINAL CODE·Part 1 GENERAL PRINCIPLES·Ch. 2 CRIMINAL LIABILITY; ELEMENTS OF CRIMES
1.Evidence of ignorance or mistake as to a matter of fact or law may raise a reasonable doubt as to the existence of a required culpable state of mind.
2.Ignorance or mistake as to a matter of fact or law is a defense only if the law provides that the state of mind established by such ignorance or mistake constitutes a defense.
3.Although ignorance or mistake would otherwise afford a defense to the crime charged, the defense is not available if the defendant would be guilty of another crime had the situation been as the defendant supposed.
4.It is an affirmative defense if the defendant engages in conduct that the defendant believes does not legally constitute a crime if:
5.A mistaken belief that facts exist which would constitute an affirmative defense is not an affirmative defense,

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Legislative History

PL 1981, c. 324, §14 (NEW). PL 2007, c. 173, §§9, 10 (AMD).

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