Wis. Stat. » CHAPTER 939 — CRIMES — GENERAL PROVISIONS
Wisconsin Statutes

Wis. Stat. § 939.43 (2026)

Mistake

✓ current as of July 2026
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939.43939.43 Mistake.
939.43(1)(1) An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.
939.43(2)(2) A mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense.
939.43 AnnotationThe prosecution of an individual who relied on a governmental official’s statutorily required legal opinion would impose an unconscionable rigidity in the law. State v. Davis, 63 Wis. 2d 75, 216 N.W.2d 31 (1974).
939.43 AnnotationMistake is not a defense to criminal negligence. A defendant’s subjective state of mind is not relevant to determining criminal negligence. State v. Lindvig, 205 Wis. 2d 100, 555 N.W.2d 197 (Ct. App. 1996), 96-0235.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1971–2025 · leading case: State v. Jadowski, 2004 WI 68 (Wis. 2004).
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State v. Jadowski, 2004 WI 68 (Wis. 2004). · cites it 8× “An actor's ability to raise mistake regarding his belief about the age of a minor as a defense is explicitly negated in Wis. Stat. § 939.43 (2). The general rule about mistake, set forth in § 939.”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). · cites it 4× “42 , "mistake," Wis. Stat. § 939.43 , or "coercion," Wis.”
State v. Robins, 2002 WI 65 (Wis. 2002). · cites it 4× “See Wis. Stat. § 939.43 (2) ("[a] mistake as to the age of a minor .”
State v. Lindvig, 555 N.W.2d 197 (Wis. Ct. App. 1996). · cites it 8× “Lindvig argues that the trial court erred: (1) in denying his request for a jury instruction on the defense of mistake under § 939.43(1), Stats.; (2) in denying his motion for a mis *103 trial based on the prosecutor's comment in opening statements; and (3) in admitting…”
United States v. Wilson, 66 M.J. 39 (C.A.A.F. 2008). · cites it 2× “5 (2007); Wis. Stat. Ann. § 939.43 (West 2007). 16 United States v.”
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.”
State v. Snider, 2003 WI App 172 (Wis. Ct. App. 2003). · cites it 2× “See Wis. Stat. § 939.43 . To be guilty of sexual contact with the victim, Snider must have intentionally touched her.”
State v. Yanez, 716 A.2d 759 (R.I. 1998). · cites it 2× “35 (West 1998) (but no minimum sentence unless victim under age eleven); Utah Code Ann. §§ 76-2-304.5 and 76-3-203 (1995) (abrogating decision in State v.”
State v. Grimm, 2002 WI App 242 (Wis. Ct. App. 2002). · cites it 2× “Wis. Stat. § 939.43 (2). See also Wis. Stat.”
State v. Olexa, 402 N.W.2d 733 (Wis. Ct. App. 1987). · cites it 2× “The law of mistake is recited in sec. 939.43(1), Stats.: An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.”
State v. Hurd, 400 N.W.2d 42 (Wis. Ct. App. 1986). “See sec. 939.43, Stats. It is not a defense to this offense, however, that the defendant was unaware of the statutory duty to report suspected child abuse.”
State v. Kordas, 528 N.W.2d 483 (Wis. Ct. App. 1995). · cites it 2× “" Section 939.43(1), STATS., defines the defense of "mistake": An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.”
Show all 19 citing cases →
— Wis. Stat. § 939.43(1) — 8 cases
State v. Lindvig, 555 N.W.2d 197 (Wis. Ct. App. 1996). “Lindvig argues that the trial court erred: (1) in denying his request for a jury instruction on the defense of mistake under § 939.43(1), Stats.; (2) in denying his motion for a mis *103 trial based on the prosecutor's comment in opening statements; and (3) in admitting…”
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. Robins, 2002 WI 65 (Wis. 2002). “See Wis. Stat. § 939.43 (2) ("[a] mistake as to the age of a minor .”
State v. Jadowski, 2004 WI 68 (Wis. 2004). “An actor's ability to raise mistake regarding his belief about the age of a minor as a defense is explicitly negated in Wis. Stat. § 939.43 (2). The general rule about mistake, set forth in § 939.”
State v. Olexa, 402 N.W.2d 733 (Wis. Ct. App. 1987). “The law of mistake is recited in sec. 939.43(1), Stats.: An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.”
— Wis. Stat. § 939.43(2) — 2 cases
State v. Yanez, 716 A.2d 759 (R.I. 1998). “35 (West 1998) (but no minimum sentence unless victim under age eleven); Utah Code Ann. §§ 76-2-304.5 and 76-3-203 (1995) (abrogating decision in State v.”
State v. Jadowski, 2004 WI 68 (Wis. 2004). “An actor's ability to raise mistake regarding his belief about the age of a minor as a defense is explicitly negated in Wis. Stat. § 939.43 (2). The general rule about mistake, set forth in § 939.”
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