RSA 626:3 · Effect of Ignorance or Mistake

626:3 Effect of Ignorance or Mistake. –

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I.

A person is not relieved of criminal liability because he acts under a mistaken belief of fact unless:

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(a)

The mistake negatives the culpable mental state required for commission of the offense; or

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(b)

The statute defining the offense expressly provides that such mistake is a defense; or

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(c)

Such mistake supports a defense of justification as defined in RSA 627.

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II.

A person is not relieved of criminal liability because he acts under a mistaken belief that his conduct does not, as a matter of law, constitute an offense unless his belief is founded upon a statement of the law contained in a statute or other enactment, or an administrative order or grant of permission, or a judicial decision of a state or federal court, or a written interpretation of the law relating to the offense officially made by a public servant, agency or body legally empowered with authority to administer, enforce or interpret such law. The defendant must prove a defense arising under this subsection by a preponderance of evidence. Source. 1971, 518:1, eff. Nov. 1, 1973.

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