2C:2-4. Ignorance or Mistake.
a. Ignorance or
mistake as to a matter of fact or law is a defense if the defendant
reasonably arrived at the conclusion underlying the mistake and:
(1) It negatives the culpable mental state required to establish the offense; or
(2) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.
b. Although ignorance or mistake would otherwise afford a defense
to the offense charged, the defense is not available if the defendant
would be guilty of another offense had the situation been as he
supposed. In such case, however, the ignorance or mistake of the
defendant shall reduce the grade and degree of the offense of which he
may be convicted to those of the offense of which he would be guilty had
the situation been as he supposed.
c. A belief that conduct does not legally constitute an offense is a
defense to a prosecution for that offense based upon such conduct when:
(1) The statute defining the offense is not known to the actor and
has not been published or otherwise reasonably made available prior to
the conduct alleged; or
(2) The actor acts in reasonable reliance upon an official statement
of the law, afterward determined to be invalid or erroneous, contained
in (a) a statute, (b) judicial decision, opinion, judgment, or rule,
(c) an administrative order or grant of permission, or (d) an official
interpretation of the public officer or body charged by law with
responsibility for the interpretation, administration or enforcement of
the law defining the offense; or
(3) The actor otherwise diligently pursues all means available to
ascertain the meaning and application of the offense to his conduct and
honestly and in good faith concludes his conduct is not an offense in
circumstances in which a law-abiding and prudent person would also so
conclude.
The defendant must prove a defense arising under subsection c. of this section by clear and convincing evidence.
L.1978, c. 95, s. 2C:2-4, eff. Sept. 1, 1979.
