939.43 Mistake.
(1) An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.
(2) A mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense.
The prosecution of an individual who relied on a governmental official's statutorily required legal opinion would impose an unconscionable rigidity in the law. State v. Davis, 63 Wis. 2d 75, 216 N.W.2d 31 (1974).
Mistake is not a defense to criminal negligence. A defendant's subjective state of mind is not relevant to determining criminal negligence. State v. Lindvig, 205 Wis. 2d 100, 555 N.W.2d 197 (Ct. App. 1996), 96-0235.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 939 - Crimes — general provisions.
939.01 - Name and interpretation.
939.03 - Jurisdiction of state over crime.
939.10 - Common law crimes abolished; common law rules preserved.
939.14 - Criminal conduct or contributory negligence of victim no defense.
939.20 - Provisions which apply only to chapters 939 to 951.
939.22 - Words and phrases defined.
939.24 - Criminal recklessness.
939.44 - Adequate provocation.
939.48 - Self-defense and defense of others.
939.49 - Defense of property and protection against retail theft.
939.50 - Classification of felonies.
939.51 - Classification of misdemeanors.
939.52 - Classification of forfeitures.
939.60 - Felony and misdemeanor defined.
939.61 - Penalty when none expressed.
939.615 - Lifetime supervision of serious sex offenders.
939.616 - Mandatory minimum sentence for child sex offenses.
939.617 - Minimum sentence for certain child sex offenses.
939.618 - Mandatory minimum sentence for repeat serious sex crimes.
939.619 - Mandatory minimum sentence for repeat serious violent crimes.
939.6195 - Mandatory minimum sentence for repeat firearm crimes.
939.62 - Increased penalty for habitual criminality.
939.621 - Increased penalty for certain domestic abuse offenses.
939.623 - Increased penalty for elder person victims.
939.63 - Penalties; use of a dangerous weapon.
939.632 - Penalties; violent crime in a school zone.
939.635 - Increased penalty for certain crimes against children committed by a child care provider.
939.645 - Penalty; crimes committed against certain people or property.
939.65 - Prosecution under more than one section permitted.
939.66 - Conviction of included crime permitted.
939.70 - Presumption of innocence and burden of proof.
939.71 - Limitation on the number of convictions.
939.72 - No conviction of both inchoate and completed crime.
939.73 - Criminal penalty permitted only on conviction.