Mistake of Law is not a valid defense to a general intent crime. Even if the defendant’s mistake was reasonable, mistake of law is not a valid defense. (See People v. Marrero). The only exception is if a statute proscribing the defendant’s conduct has not been reasonably made available or if the defendant recently relied on a statute or judicial decision that was recently held unconstitutional.
However, under a specific intent crime, the defendant’s mistake of law is a valid defense whether reasonable or unreasonable. (See Cheek v. United States).
Compare to Mistake of Fact Defense
More Helpful Information: List of General Intent and Specific Intent Crimes
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