Utah Code » Title 76, Chapter 2 — Principles of Criminal Responsibility; part 76-2-3 — Defenses to Criminal Responsibility
Utah Code

Utah Code § 76-2-304 (2026)

Ignorance or mistake of fact or law

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.
Ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless:
due to an actor's ignorance or mistake, the actor reasonably believed the actor's conduct did not constitute an offense; and
an actor's ignorance or mistake resulted from the actor's reasonable reliance upon:
an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
a written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question.
Although an actor's ignorance or mistake of fact or law may constitute a defense to the offense charged, the actor may nevertheless be convicted of a lesser included offense of which the actor would be guilty if the fact or law were as the actor believed.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1984–2026 · leading case: State v. Marchet, 2009 UT App 262 (Utah Ct. App. 2009).
Sort: Relevance Newest Treatment
State v. Marchet, 2009 UT App 262 (Utah Ct. App. 2009). · cites it 6× “126 We agree with the State that a mistake of fact instruction would have been inconsistent with Marchet's defense at trial.”
State v. Steele, 2010 UT App 185 (Utah Ct. App. 2010). · cites it 8× “” Utah Code Ann. § 76-2-304 (2) (2008). ¶27 Under the facts of this case, to be guilty of violating the Unauthorized Taking Statute, Defendant must have intentionally, knowingly, or recklessly used an invalid hunting permit to take a trophy animal.”
State v. Elton, 680 P.2d 727 (Utah 1984). · cites it 4× “Furthermore, § 76-2-304 provides that unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to the crime charged but does not relieve a person from being prosecuted for a lesser included offense.”
State v. Marchet, 2012 UT App 197 (Utah Ct. App. 2012). · cites it 4× “] consented to sexual intercourse," and cited Utah Code section 76-2-304(1), see Utah Code Ann. § 76-2-304 (1) (2008) ("Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.”
State v. Van Oostendorp, 2017 UT App 85 (Utah Ct. App. 2017). · cites it 4× “See Utah Code Ann. § 76-2-304 (1) (LexisNexis 2012) (“Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any 20150135-CA 17 2017 UT App 85 State v.”
State v. Norton, 2003 UT App 88 (Utah Ct. App. 2003). · cites it 6× “Defendant was found guilty on all counts and this appeal followed. ISSUES AND STANDARDS OF REVIEW 19 First, Defendant asserts the trial court erred when it ruled that Defendant was not entitled to assert a mistake of law defense under Utah Code Ann.”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). · cites it 2× “Penal Law § 15.20 (1)(a) (1999); Okla.Stat. tit. 21, § 152(5) (1999); Pa.”
Commonwealth v. Kratsas, 764 A.2d 20 (Pa. 2001). “§ 45-2-103(6) (1999); Utah Code Ann. § 76-2-304 (2) (1999). See generally Guzman, 968 P.”
State v. Dalton, 331 P.3d 1110 (Utah Ct. App. 2014). · cites it 2× “3d 867 , and because "mistake of fact which disproves the culpable mental state is a defense to any prosecution," see Utah Code Ann. § 76-2-304 (LexisNexis 2012).”
State v. Marshall, 2003 UT App 381 (Utah Ct. App. 2003). · cites it 2× “" Utah Code Ann. § 76-2-304 (2) (1999). Thus, Defendant was deemed to be on notice of the 2001 amendment to the DUI law, and the legal consequences thereof, as of its effective date of April 30, 2001, see Utah Motor Vehicle Act, ch.”
State v. Wallace, 2005 UT App 434 (Utah Ct. App. 2005). “§ 76-2-304 (1999). Furthermore, while no Utah case has directly addressed this issue, the majority of jurisdictions have rejected arguments that a defendant can avoid criminal liability for selling securities without a license and selling unregistered securities by claiming…”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “§ 21-3203 (2) (1970) (“reasonable belief”); Me.Rev.Stat. Ann. tit. 17-A, § 36 (1981); Mo.”
Show all 18 citing cases →
— Utah Code § 76-2-304(1) — 5 cases
State v. Marchet, 2009 UT App 262 (Utah Ct. App. 2009). “126 We agree with the State that a mistake of fact instruction would have been inconsistent with Marchet's defense at trial.”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). “Penal Law § 15.20 (1)(a) (1999); Okla.Stat. tit. 21, § 152(5) (1999); Pa.”
State v. Marchet, 2012 UT App 197 (Utah Ct. App. 2012). “] consented to sexual intercourse," and cited Utah Code section 76-2-304(1), see Utah Code Ann. § 76-2-304 (1) (2008) ("Unless otherwise provided, ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime.”
State v. Pappas, 705 P.2d 1169 (Utah 1985).
State v. Youren, 2026 UT App 11 (Utah Ct. App. 2026).
— Utah Code § 76-2-304(2) — 1 case
State v. Steele, 2010 UT App 185 (Utah Ct. App. 2010). “” Utah Code Ann. § 76-2-304 (2) (2008). ¶27 Under the facts of this case, to be guilty of violating the Unauthorized Taking Statute, Defendant must have intentionally, knowingly, or recklessly used an invalid hunting permit to take a trophy animal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.