Sec. 11.81.620. Effect of ignorance or mistake upon liability.

205 words·~1 min read·/ak/title-11/chapter-81/11-81-620

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless the provision of law clearly so provides. Use of the phrase “intent to commit a crime”, “intent to promote or facilitate the commission of a crime”, or like terminology in a provision of law does not require that the defendant act with a culpable mental state as to the criminality of the conduct that is the object of the defendant's intent.

(b)A person is not relieved of criminal liability for conduct because the person engages in the conduct under a mistaken belief of fact, unless

(1)the factual mistake is a reasonable one that negates the culpable mental state required for the commission of the offense;

(2)the provision of law defining the offense or a related provision of law expressly provides that the factual mistake constitutes a defense or exemption; or

(3)the factual mistake is a reasonable one that supports a defense of justification as provided in AS 11.81.320 — 11.81.430.