Being wrong about the facts or the law usually does not get a person out of trouble for a crime. There are only two exceptions: first, if the law was a hidden government rule that was never made public and a person had no real way to find out about it. Second, if a person followed an official legal statement — like a law, a court ruling, or a government agency's explanation — that later turned out to be wrong. In those two cases, a person might not be held responsible, but they have to be the one to bring it up in court.
562.031. Ignorance and mistake. — 1. A person is not relieved of 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 required by the .
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 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 facts known to him or her; or
(2) He or she acts in upon an official statement of the law, afterward determined to be or erroneous, contained in:
(a) A ;
(b) An opinion or of an ; or
(c) An official interpretation of the statute, or order defining the offense made by a public official or agency legally to interpret such statute, regulation or order.
3. The of reasonable belief that conduct does not constitute an offense under (1) and (2) of 2 of this section is on the .
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Effective 1-01-17
Related Missouri laws
Culpable mental state, when not required
RSMo 562.026
Accountability for conduct
RSMo 562.036
Culpable mental state, application
RSMo 562.021
Responsibility for the conduct of another
RSMo 562.041
Culpable mental state
RSMo 562.016
Defense precluded
RSMo 562.046
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.