562.031. Ignorance and mistake.
Not knowing the law usually isn’t a valid excuse.
Just because someone didn’t know something was illegal—or misunderstood a fact—doesn’t mean they’re off the hook, unless that mistake affects their intent or was reasonably based on bad legal info.
1. A person is still responsible for a crime even if they were mistaken about a fact or the law—unless that mistake means they didn’t have the intent the crime requires.
2. A person isn’t off the hook for thinking what they did wasn’t a crime—unless that belief is reasonable and:
- The crime comes from a regulation they didn’t know about, wasn’t made public, and they couldn’t have learned about it by being reasonably careful; or
- They reasonably relied on a legal source that turned out to be wrong, such as:
- A law (statute);
- A court decision;
- An official interpretation from a proper government agency or official.
3. It’s the defendant’s responsibility to raise the issue of whether they reasonably believed their actions weren’t illegal under the rules above.
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