Effective - 01 Jan 2017, 2 histories
562.031. Ignorance and mistake. — 1. A person is not relieved of criminal liability for conduct because he or she engages in such conduct under a mistaken belief of fact or law unless such mistake negatives the existence of the mental state required by the offense.
2. A person is not relieved of criminal liability for conduct because he or she believes his or her conduct does not constitute an offense unless his or her belief is reasonable and:
(1) The offense is defined by an administrative regulation or order which is not known to him or her and has not been published or otherwise made reasonably available to him or her, and he or she could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him or her; or
(2) He or she acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:
(a) A statute;
(b) An opinion or order of an appellate court; or
(c) An official interpretation of the statute, regulation or order defining the offense made by a public official or agency legally authorized to interpret such statute, regulation or order.
3. The burden of injecting the issue of reasonable belief that conduct does not constitute an offense under subdivisions (1) and (2) of subsection 2 of this section is on the defendant.
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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 562 - General Principles of Liability
Section 562.011 - Voluntary act.
Section 562.012 - Attempt — guilt for an offense may be based on.
Section 562.014 - Conspiracy, offense of — penalty.
Section 562.016 - Culpable mental state.
Section 562.021 - Culpable mental state, application.
Section 562.026 - Culpable mental state, when not required.
Section 562.031 - Ignorance and mistake.
Section 562.036 - Accountability for conduct.
Section 562.041 - Responsibility for the conduct of another.
Section 562.046 - Defense precluded.
Section 562.051 - Conviction of different degrees of offenses.
Section 562.056 - Liability of corporations and unincorporated associations.
Section 562.061 - Liability of individual for conduct of corporation or unincorporated association.
Section 562.076 - Intoxicated or drugged condition.
Section 562.086 - Lack of responsibility because of mental disease or defect.