MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
Section 2.04. Ignorance or Mistake.

 (1) Ignorance or mistake as to a matter of fact or law is a defense if:

  (a) the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense;  or

  (b) the law provides that the state of mind established by such ignorance or mistake constitutes a defense.

 (2) 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.

 (3) A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:

  (a) the statute or other enactment 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

  (b) he acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (i) a statute or other enactment;  (ii) a judicial decision, opinion or judgment;  (iii) an administrative order or grant of permission;  or (iv) 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.

 (4) The defendant must prove a defense arising under Subsection (3) of this Section by a preponderance of evidence.
 
 

Section 2.06. Liability for Conduct of Another;  Complicity.

  (1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

  (2) A person is legally accountable for the conduct of another person when:

    (a) acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct;  or

    (b) he is made accountable for the conduct of such other person by the Code or by the law defining the offense;  or

    (c) he is an accomplice of such other person in the commission of the offense.

  (3) A person is an accomplice of another person in the commission of an offense if:

    (a) with the purpose of promoting or facilitating the commission of the offense, he

      (i) solicits such other person to commit it;  or

      (ii) aids or agrees or attempts to aid such other person in planning or committing it;  or

      (iii) having a legal duty to prevent the commission of the offense, fails to make proper effort so to do;  or

    (b) his conduct is expressly declared by law to establish his complicity.

 (4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.

  (5) A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.