North Dakota Statutes
§ 12.1-05-09 — Mistake of law
North Dakota § 12.1-05-09
JurisdictionNorth Dakota
Title 12.1Criminal Code
Ch. 12.1-05Justification - Excuse - Affirmative Defenses
This text of North Dakota § 12.1-05-09 (Mistake of law) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.D. Cent. Code § 12.1-05-09 (2026).
Text
Except as otherwise expressly provided, a person's good faith belief that conduct does not constitute a crime is an affirmative defense if he acted in reasonable reliance upon a statement of the law contained in:
1.A statute or other enactment.
2.A judicial decision, opinion, order, or judgment.
3.An administrative order or grant of permission.
4.An official interpretation of the public servant or body charged by law with responsibility
for the interpretation, administration, or enforcement of the law defining the crime.
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Related
State v. Buchholz
2006 ND 227 (North Dakota Supreme Court, 2006)
Stenehjem, ex rel. v. National Audubon Society, Inc.
2014 ND 71 (North Dakota Supreme Court, 2014)
State v. Zottnick
2011 ND 84 (North Dakota Supreme Court, 2011)
A.R. Audit Services, Inc. v. Ulledahl
2011 ND 83 (North Dakota Supreme Court, 2011)
State v. Egan
1999 ND 59 (North Dakota Supreme Court, 1999)
State v. Johnson
2009 ND 76 (North Dakota Supreme Court, 2009)
Nearby Sections
15
§ 12.1-01-02
General purposes§ 12.1-01-03
Proof and presumptions§ 12.1-01-03.1
Presumption of age§ 12.1-01-04
General definitions§ 12.1-02-01
Basis of liability for offenses§ 12.1-02-02
Requirements of culpability§ 12.1-02-03
Mistake of fact in affirmative defenses§ 12.1-02-04
Ignorance or mistake negating culpability§ 12.1-02-05
Causal relationship between conduct and result§ 12.1-03-01
Accomplices§ 12.1-03-04
Definitions and general provisionsCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 12.1-05-09, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/12.1-05-09.