2023 Utah Code
Title 76 - Utah Criminal Code
Chapter 2 - Principles of Criminal Responsibility
Part 3 - Defenses to Criminal Responsibility
Section 304 - Ignorance or mistake of fact or law.

Universal Citation:
UT Code § 76-2-304 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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:
    • (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.


Amended by Chapter 32, 1974 General Session
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