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

Current as of January 01, 2025 | Updated by Findlaw Staff

(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:

(a) Due to his ignorance or mistake, the actor reasonably believed his conduct did not constitute an offense, and

(b) His ignorance or mistake resulted from the actor's reasonable reliance upon:

(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

(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, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the fact or law were as he believed.

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Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-2-304. Ignorance or mistake of fact or law - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-2-304/

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