562.031. Ignorance and mistake. — 1. A person is not relieved of criminal liability 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 mental state required by the offense.
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 administrative regulation or order 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 due diligence pursuant to facts known to him or her; or
(2) He or she acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:
(a) A statute;
(b) An opinion or order of an appellate court; or
(c) An official interpretation of the statute, regulation or order defining the offense made by a public official or agency legally authorized to interpret such statute, regulation or order.
3. The burden of injecting the issue of reasonable belief that conduct does not constitute an offense under subdivisions (1) and (2) of subsection 2 of this section is on the defendant.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1982–2025 · leading case:
State v. Moore, 90 S.W.3d 64 (Mo. 2002).
State v. Moore, 90 S.W.3d 64 (Mo. 2002).
· cites it 4× “See section 562.031. Specifically, here, an adult should know that having oral sex with a person less than 14 years old is a felony-first-degree statutory sodomy.”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001).
· cites it 2× “17 A, § 36(1) (1999) Mo.Rev.Stat. § 562.031(1) (1999); Nev.Rev.”
State v. Quisenberry, 639 S.W.2d 579 (Mo. 1982).
· cites it 2× “See § 562.031. At common law, the requisite mental state for simple larceny was a felonious intent to deprive another of his property, without his consent.”
Commonwealth v. Kratsas, 764 A.2d 20 (Pa. 2001).
“§ 21-3203(2) (1999); Mo.Rev.Stat. § 562.031(2) (2000); Mont.Code Ann.”
State v. Joos, 218 S.W.3d 543 (Mo. Ct. App. 2007).
· cites it 2× “Defendant explains that this evidence was “essential to his defense of a good-faith belief in the lawful *546 ness of Ms conduct,” as set out in Section 562.031. We disagree. Imtially, we observe that Defendant did not include this particular claim of error in his motion for new…”
State v. Dumke, 901 S.W.2d 100 (Mo. Ct. App. 1995).
· cites it 2× “Section 562.031 provides in part that a person is not relieved of criminal liability for conduct undertaken under a mistaken belief of fact or law unless such mistake negates the existence of the mental state required by the offense.”
State v. Butler, 665 S.W.2d 41 (Mo. Ct. App. 1984).
· cites it 2× “Section 562.031, Ignorance and mistake, provides: 1.”
State v. Dentman, 635 S.W.2d 28 (Mo. Ct. App. 1982).
· cites it 2× ““Section 562.031. Ignorance and mistake.— 1.”
State v. Woods, 984 S.W.2d 201 (Mo. Ct. App. 1999).
· cites it 9× “Section 562.031 addresses' ignorance or mistake of the law and provides the le-quirements for the defense.”
State v. Beishir, 646 S.W.2d 74 (Mo. 1983).
“050(1) [now § 562.031] would not apply.” In applying a new criminal code remarkably similar to The Criminal Code of Missouri, the Supreme Court of Kentucky has said: “We have carefully considered these sections of the Penal Code and remain firm in our belief that the carnal…”
State v. Nutt, 703 S.W.2d 583 (Mo. Ct. App. 1986).
· cites it 4× “Defendant claimed that the evidence showed that he was an unwitting participant and that neither he nor Wright knew that “they acted on the National Byproducts premises without permission.”
State of Missouri v. Scott J. Parrish (Mo. Ct. App. 2025).
· cites it 2× “A person is not relieved of criminal liability 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 mental state required by the offense. 2. A person is not relieved of criminal liability…”
— Mo. Rev. Stat. § 562.031(1) — 1 case
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001).
“17 A, § 36(1) (1999) Mo.Rev.Stat. § 562.031(1) (1999); Nev.Rev.”
— Mo. Rev. Stat. § 562.031(2) — 1 case
Commonwealth v. Kratsas, 764 A.2d 20 (Pa. 2001).
“§ 21-3203(2) (1999); Mo.Rev.Stat. § 562.031(2) (2000); Mont.Code Ann.”
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