Section 15.20. Effect of ignorance or mistake upon liability  


Latest version.
  • 1.  A person is not relieved of criminal liability for conduct because
      he engages in such conduct under a mistaken belief of fact, unless:
        (a) Such factual mistake negatives the culpable mental state  required
      for the commission of an offense; or
        (b)  The  statute  defining  the  offense or a statute related thereto
      expressly provides that such factual mistake constitutes  a  defense  or
      exemption; or
        (c)  Such  factual  mistake  is  of  a kind that supports a defense of
      justification as defined in article thirty-five of this chapter.
        2. A person is not relieved of criminal liability for conduct  because
      he  engages in such conduct under a mistaken belief that it does not, as
      a matter of law, constitute an offense, unless such mistaken  belief  is
      founded upon an official statement of the law contained in (a) a statute
      or  other  enactment,  or  (b)  an  administrative  order  or  grant  of
      permission, or (c) a judicial decision of a state or federal  court,  or
      (d)  an  interpretation  of  the statute or law relating to the offense,
      officially made or issued by a public servant, agency  or  body  legally
      charged   or   empowered   with   the  responsibility  or  privilege  of
      administering, enforcing or interpreting such statute or law.
        3. Notwithstanding the use of the term "knowingly" in any provision of
      this chapter defining an offense in which the  age  of  a  child  is  an
      element  thereof, knowledge by the defendant of the age of such child is
      not an element of any such offense and it is not,  unless  expressly  so
      provided, a defense to a prosecution therefor that the defendant did not
      know  the  age  of  the  child or believed such age to be the same as or
      greater than that specified in the statute.
        4. Notwithstanding the use of the term "knowingly" in any provision of
      this chapter defining an offense in which  the  aggregate  weight  of  a
      controlled  substance  or  marihuana  is  an  element,  knowledge by the
      defendant of the  aggregate  weight  of  such  controlled  substance  or
      marihuana  is  not  an element of any such offense and it is not, unless
      expressly so provided, a defense to  a  prosecution  therefor  that  the
      defendant  did not know the aggregate weight of the controlled substance
      or marihuana.