New Jersey Statutes
N.J. Stat. § 2C:2-4 (2026)
Ignorance or mistake
✓ current as of May 2026
a. Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and:
(1) It negatives the culpable mental state required to establish the offense; or
(2) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.
b. Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed.
c. A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:
(1) The statute defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; or
(2) The actor acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (a) a statute, (b) judicial decision, opinion, judgment, or rule, (c) an administrative order or grant of permission, or (d) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense; or
(3) The actor otherwise diligently pursues all means available to ascertain the meaning and application of the offense to his conduct and honestly and in good faith concludes his conduct is not an offense in circumstances in which a law-abiding and prudent person would also so conclude.
The defendant must prove a defense arising under subsection c. of this section by clear and convincing evidence.
Notes of Decisions
Cited in 18
cases (4 in the last 5 years), 1999–2024 · leading case: Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001).
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). “§ 626:3(I)(a) (1999); N.J.Stat. § 2C:2-4(a)(1) (1999); N.Y. Penal Law § 15.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “§ 702-220 (1972); 720 Ill. Comp. Stat. 5/4-8 (1962); Kan.”
Coalition of New Jersey Sportsmen, Inc. v. Whitman, 44 F. Supp. 2d 666 (D.N.J. 1999). “at 2) (citing N.J.S.A. 2C:2-4(c)). Even prior to that memorandum, however, the Attorney General also issued a determination of which assault firearms were legitimate under the statute for use in competitive shooting matches.”
State v. 6 Shot Colt .357, 839 A.2d 155 (N.J. Super. Ct. App. Div. 2003). “See: N.J.S.A. 2C:2-4, 2C:2-1. The court is satisfied that the assault weapon and the accompanying magazines are contraband per se and are illegal to possess.”
State of New Jersey Vs. Robert Mostyn(fo-02-0218-16, Bergen Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and: (1) It negatives the culpable mental state required to establish the offense[.”
State of New Jersey Vs. Pierre R. Crumpler (15-11-0740, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2C:2-4(a) allows a defense of ignorance or mistake as to a matter of fact or law "if the defendant reasonable arrived at the conclusion underlying the mistake" and the mistake "negatives the culpable mental state required to establish the offense.”
State of New Jersey Vs. Anna N. Taliaferro(10-12-0179, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Defendant is correct the judge erred holding defendant did not provide proper notice, pursuant to Rule 3:12-1, of the defense of ignorance or mistake as to a matter of fact or law, N.J.S.A. 2C:2-4(a), because such notice is only required if a defense asserted to N.”
State of New Jersey Vs. Terri M. Gross (13-09-0524, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Defendant did not object to the charge or ask for Model Jury Charge (Criminal), "Ignorance or Mistake, (N.J.S.A. 2C:2-4)" (2007). The State counters her plain error argument, stating, "[d]efendant's purpose in releasing the report is not an element 22 A-3010-14T3 of the offense,…”
State of New Jersey Vs. Krisla Rezireksyon (12-06-1695, Essex Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). “Defendant asserts the judge's refusal to provide jury instructions on third- party guilt, see Model Jury Charges (Criminal), "Third Party Guilt Jury Charge" (approved March 9, 2015), and mistake, see Model Jury Charges (Criminal), "Ignorance or Mistake (N.J.S.A. 2C:2-4)"…”
State of New Jersey v. Alan T. Walker (18-04-0452, 18-04-0453, 19-02-0247, & 19-02-0265, Monmouth Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022). “Relatedly, we reject defendant's contention that he made a mistake within the meaning of N.J.S.A. 2C:2-4(a) that "negatives the culpable mental state required to establish the offense.”
State of New Jersey v. Christopher R. small/state of New Jersey v. Christopher M. Verity (N.J. Super. Ct. App. Div. 2023). “2C:35- 9, Verity maintains his conviction for that offense should be reversed.”
State of New Jersey Vs. Jeffrey R. Butler (14-12-3862, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “(2) Defendant's trial attorney was ineffective when she failed to present the defense of Ignorance and Mistake pursuant to N.J.S.A. 2C:2-4. (3) Trial counsel was ineffective because she failed to object to the verdict sheet as to Count Seven.”
— N.J. Stat. § 2C:2-4(a) — 6 cases
State of New Jersey v. Alan T. Walker (18-04-0452, 18-04-0453, 19-02-0247, & 19-02-0265, Monmouth Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022). “Relatedly, we reject defendant's contention that he made a mistake within the meaning of N.J.S.A. 2C:2-4(a) that "negatives the culpable mental state required to establish the offense.”
State of New Jersey v. Christopher R. small/state of New Jersey v. Christopher M. Verity (N.J. Super. Ct. App. Div. 2023). “2C:35- 9, Verity maintains his conviction for that offense should be reversed.”
State of New Jersey Vs. Anna N. Taliaferro(10-12-0179, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Defendant is correct the judge erred holding defendant did not provide proper notice, pursuant to Rule 3:12-1, of the defense of ignorance or mistake as to a matter of fact or law, N.J.S.A. 2C:2-4(a), because such notice is only required if a defense asserted to N.”
State of New Jersey Vs. Krisla Rezireksyon (12-06-1695, Essex Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2019). “Defendant asserts the judge's refusal to provide jury instructions on third- party guilt, see Model Jury Charges (Criminal), "Third Party Guilt Jury Charge" (approved March 9, 2015), and mistake, see Model Jury Charges (Criminal), "Ignorance or Mistake (N.J.S.A. 2C:2-4)"…”
State of New Jersey Vs. Pierre R. Crumpler (15-11-0740, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2C:2-4(a) allows a defense of ignorance or mistake as to a matter of fact or law "if the defendant reasonable arrived at the conclusion underlying the mistake" and the mistake "negatives the culpable mental state required to establish the offense.”
— N.J. Stat. § 2C:2-4(a)(1) — 6 cases
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). “§ 626:3(I)(a) (1999); N.J.Stat. § 2C:2-4(a)(1) (1999); N.Y. Penal Law § 15.”
State of New Jersey Vs. Robert Mostyn(fo-02-0218-16, Bergen Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and: (1) It negatives the culpable mental state required to establish the offense[.”
State of New Jersey Vs. Terri M. Gross (13-09-0524, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Defendant did not object to the charge or ask for Model Jury Charge (Criminal), "Ignorance or Mistake, (N.J.S.A. 2C:2-4)" (2007). The State counters her plain error argument, stating, "[d]efendant's purpose in releasing the report is not an element 22 A-3010-14T3 of the offense,…”
State of New Jersey Vs. Pierre R. Crumpler (15-11-0740, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2C:2-4(a) allows a defense of ignorance or mistake as to a matter of fact or law "if the defendant reasonable arrived at the conclusion underlying the mistake" and the mistake "negatives the culpable mental state required to establish the offense.”
State of New Jersey Vs. Chinua S. Anderson (11-10-1720, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
— N.J. Stat. § 2C:2-4(a)(l) — 1 case
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). “§ 626:3(I)(a) (1999); N.J.Stat. § 2C:2-4(a)(1) (1999); N.Y. Penal Law § 15.”
— N.J. Stat. § 2C:2-4(c) — 4 cases
Coalition of New Jersey Sportsmen, Inc. v. Whitman, 44 F. Supp. 2d 666 (D.N.J. 1999). “at 2) (citing N.J.S.A. 2C:2-4(c)). Even prior to that memorandum, however, the Attorney General also issued a determination of which assault firearms were legitimate under the statute for use in competitive shooting matches.”
State of New Jersey Vs. Anna N. Taliaferro(10-12-0179, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Defendant is correct the judge erred holding defendant did not provide proper notice, pursuant to Rule 3:12-1, of the defense of ignorance or mistake as to a matter of fact or law, N.J.S.A. 2C:2-4(a), because such notice is only required if a defense asserted to N.”
State of New Jersey Vs. Robert Mostyn(fo-02-0218-16, Bergen Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and: (1) It negatives the culpable mental state required to establish the offense[.”
State of New Jersey Vs. Pierre R. Crumpler (15-11-0740, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2C:2-4(a) allows a defense of ignorance or mistake as to a matter of fact or law "if the defendant reasonable arrived at the conclusion underlying the mistake" and the mistake "negatives the culpable mental state required to establish the offense.”
— N.J. Stat. § 2C:2-4(c)(3) — 1 case
State of New Jersey Vs. Robert Mostyn(fo-02-0218-16, Bergen Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and: (1) It negatives the culpable mental state required to establish the offense[.”
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