MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 Section 3.09. Mistake of Law as to Unlawfulness of Force or Legality of Arrest;  Reckless or Negligent Use of Otherwise Justifiable Force;  Reckless or Negligent Injury or Risk of Injury to Innocent Persons.

  (1) The justification afforded by Sections 3.04 to 3.07, inclusive, is unavailable when:

    (a) the actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous;  and

    (b) his error is due to ignorance or mistake as to the provisions of the Code, any other provision of the criminal law or the law governing the legality of an arrest or search.

  (2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under Sections 3.03 to 3.08 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those Sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

  (3) When the actor is justified under Sections 3.03 to 3.08 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those Sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.