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

Utah Statutes

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

Utah § 76-2-304

Title 76Utah Criminal Code

Ch. 76-2Principles of Criminal Responsibility

Part 76-2-3Defenses to Criminal Responsibility

This text of Utah § 76-2-304 (Ignorance or mistake of fact or law.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-2-304 (2026).

Text

(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

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(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.