Tex. Penal Code Section 8.03
Mistake of Law

Mentioned in

Mistakes with the Mistake Defense in Texas Criminal Law

St. Mary's Law Journal, January 23, 2023

“When the Texas legislature enacted a comprehensive penal code in 1974, it provided specifically for the defenses of mistake of fact and mistake of law. Unfortunately, the adoption of those provisions reflects a missed opportunity…”
 
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(a)

It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

(b)

It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:

(1)

an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or

(2)

a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.

(c)

Although an actor’s mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Source: Section 8.03 — Mistake of Law, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­8.­htm#8.­03 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 8.03’s source at texas​.gov