Maine Code § 17-A-36

Ignorance or mistake
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1. Evidence of ignorance or mistake as to a matter of fact or law may raise a reasonable doubt as
to the existence of a required culpable state of mind.
[PL 1981, c. 324, §14 (NEW).]
2. Ignorance or mistake as to a matter of fact or law is a defense only if the law provides that the
state of mind established by such ignorance or mistake constitutes a defense.
[PL 1981, c. 324, §14 (NEW).]
3. Although ignorance or mistake would otherwise afford a defense to the crime charged, the
defense is not available if the defendant would be guilty of another crime had the situation been as the
defendant supposed.
[PL 2007, c. 173, §9 (AMD).]
4. It is an affirmative defense if the defendant engages in conduct that the defendant believes does
not legally constitute a crime if:
A. The statute violated is not known to the defendant and has not been published or otherwise
reasonably made available prior to the conduct alleged; or [PL 1981, c. 324, §14 (NEW).]
B. The defendant acts in reasonable reliance upon an official statement, afterward determined to
be invalid or erroneous, contained in:
(1) A statute, ordinance or other enactment;
(2) A final judicial decision, opinion or judgment;
(3) An administrative order or grant of permission; or
(4) An official interpretation of the public officer or body charged by law with responsibility
for the interpretation, administration or enforcement of the statute defining the crime. This

subsection does not impose any duty to make any such official interpretation. [PL 1981, c.
324, §14 (NEW).]
[PL 2007, c. 173, §10 (AMD).]
5. A mistaken belief that facts exist which would constitute an affirmative defense is not an
affirmative defense, except as otherwise expressly provided.
[PL 1981, c. 324, §14 (NEW).]

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