§ 12A.04.140 — Ignorance or mistake

12A.04.140 - Ignorance or mistake.

A. A person shall not be relieved of criminal liability because he engages in conduct under a mistaken belief of fact, unless: 1. Such factual mistake negates the mental state required for the commission of an offense; or 2. The ordinance defining the offense or ordinance related thereto expressly provides that such factual mistake constitutes a defense or exemption; or 3. Such factual mistake is of a kind that supports a defense of justification. B. 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 reasonably founded upon an official statement of the law contained in: 1. A statute, ordinance, or other enactment; or 2. An administrative order or grant of permission; or 3. A judicial decision; or 4. 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 ordinance. C. A defense based upon this section is an affirmative defense.

(Ord. 108472 § 1, 1979: Ord. 102843 § 12A.04.130, 1973.)