§ 76-2-304 — Ignorance or mistake of fact or law.

(1) Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.
(2) Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless:
(2)(a) due to an actor's ignorance or mistake, the actor reasonably believed the actor's conduct did not constitute an offense; and
(2)(b) an actor's ignorance or mistake resulted from the actor's reasonable reliance upon:
(2)(b)(i) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(2)(b)(ii) a written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question.
(3) Although an actor's ignorance or mistake of fact or law may constitute a defense to the offense charged, the actor may nevertheless be convicted of a lesser included offense of which the actor would be guilty if the fact or law were as the actor believed.

Legislative History

Amended by Chapter 302, 2025 General Session