(a) A person shall not be relieved of criminal liability for conduct because he engages in such 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 statute defining the offense or a statute 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 shall not be 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 (1) the law provides that the state of mind established by such mistaken belief constitutes a defense, or unless (2) such mistaken belief is founded upon an official statement of law contained in a statute or other enactment, an administrative order or grant of permission, a judicial decision of a state or federal court, or 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 statute or law.

(1969, P.A. 828, S. 6.)

Defendant entitled as matter of law to a theory of defense instruction when evidence of defense under section is placed before jury. 178 C. 704. Cited. 199 C. 537; 204 C. 240; 209 C. 75.

Cited. 17 CA 326.

Subsec. (a):

Cited. 198 C. 454; 210 C. 132. When mistake of fact defense arises and when jury instruction re mistake of fact is required. 246 C. 268.