Utah statute
Utah Code Ann. § 76-2-304 — Ignorance or mistake of fact or law.
Current through 2026 General Session
Part of Part 3: Defenses to Criminal Responsibility, Utah Code.
Full text of Utah Code Ann. § 76-2-304
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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.
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