Section 626:3 Effect of Ignorance or Mistake.
173 words·~1 min read·
/nh/title-lxii-criminal-code/chapter-626-general-principles/626-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
I. A person is not relieved of criminal liability because he acts under a mistaken belief of fact unless:
(a)The mistake negatives the culpable mental state required for commission of the offense; or
(b)The statute defining the offense expressly provides that such mistake is a defense; or
(c)Such mistake supports a defense of justification as defined in RSA 627.
II. A person is not relieved of criminal liability because he acts under a mistaken belief that his conduct does not, as a matter of law, constitute an offense unless his belief is founded upon a statement of the law contained in a statute or other enactment, or an administrative order or grant of permission, or a judicial decision of a state or federal court, or a written interpretation of the law relating to the offense officially made by a public servant, agency or body legally empowered with authority to administer, enforce or interpret such law. The defendant must prove a defense arising under this subsection by a preponderance of evidence.