Mistakes of Law

We have seen that a mistake is a defense to a crime if it negates the mens rea required by statute. As the Model Penal Code points out, whether we use the language of mistake makes no difference: A mistake provides a defense if and only if it negates the mens rea required by statute.

The challenge sometimes is determining what mens rea is required by statute, and then whether the defendant's mistake demonstrates that he did not have that mens rea.

In the next materials, we examine whether and how ignorance or mistakes about the law, rather than some fact, affects liability.

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