Wisconsin § 939.43 - Mistake.
Full text of Wisconsin Wisconsin Statutes § 939.43 — Mistake., with citation guidance and answers to common questions.
§ 939.43. Mistake.
939.43(1) (1) An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime. 939.43(2) (2) A mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense. 939.43 Annotation The prosecution of an individual who relied on a governmental official’s statutorily required legal opinion would impose an unconscionable rigidity in the law. State v. Davis, 63 Wis. 2d 75 , 216 N.W.2d 31 (1974). 939.43 Annotation Mistake is not a defense to criminal negligence. A defendant’s subjective state of mind is not relevant to determining criminal negligence. State v. Lindvig, 205 Wis. 2d 100 , 555 N.W.2d 197 (Ct. App. 1996), 96-0235 .
Frequently Asked Questions About Wisconsin § 939.43
What does Wisconsin Statutes § 939.43 cover?
Section 939.43 ("Mistake.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 939.43?
A common citation format is "Wisconsin Statutes § 939.43" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 939.43 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.