Ordinance 466A-77 - Laserfiche WebLink

• • • -Srecta.on 37 �E• orancc or Mistake ..(1) A person shall not be relieved of criminal :liability because he engages in conduct under :a mistaken belief of fact, unless: • • (a) such factual mistake negates the mental --state required for the commission of an -offense; or • • • ,4(b) the ordinance defining the offense o • r • rdin..nce related thereto expressly • • rovides that such factual mistake •--constitutes a defense or exemption; or • • _(c) such factual mistake is of a kind that supports a defense of justification, as -•1lefined in sections 17 through 21,1 of :his title. • . .(2) A. person is not relieved of criminal liability -=:for -conduct because he engages in such conduct • :under a mistaken belief that it does not, as a • • •=:natter of law , constitute an offense , unless -such mistaken belief is reasonably founded upon an official statement of the law contained in: • -(a) a statute, ordinance, or other enactment, or (b) an administrative order or grant of permission, or (c) a judicial decision, or -(d) 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 administer- Ing, enforcing or interpreting such ordinance. (3) A defense based upon this section is an affirmative defense.