Mistake of Fact
- Specific intent crimes: must simply be honest
- General intent: must be both honest and reasonable
Mistake of Law
- Exceptions "to mistake of law is no defense"—see Diamond, p. 211—must always be reasonable. Some examples:
- 1. Must be published
- 2. Reasonable reliance on highest court (maybe federal courts of appeal)
- 3. A statute later determined to be invalid
- 4. Rely on an official’s interpretation of a statute—a very mushy exception—who is an "official"? Usually something like an attorney general, insurance commissioners.
- 5. When the extra-special element is that you know it is illegal (conspiracy is one common example).
- 6. Reasonable reliance on police request for assistance.
How does this work in general?
- Ignorance of the law not an excuse, nor is an unreasonable mistake.
- Must use some sort of "due diligence" before relying on the mistaken fact.
- Only applicable to a general intent crime.
- Otherwise any mistake of fact that would negate the crime does so.
- Otherwise must be an honest and reasonable mistake.
- How does this work in MPC?
- Allow mistake of fact to negate criminality for mistakes of fact of any lower level of culpability
- Purposeful/knowing: reckless & negligent mistakes of fact excuse
- Reckless: negligent mistakes only
Gordon v. State- Voted when not actually 21, but relied on mother’s telling him he was 21, and close friend of the family told him this too.
