§ 28-64. Mistake of ordinance.  


Latest version.
  • Ignorance of any provision of this chapter or of any other ordinance is not a defense to any prosecution. However, mistake of ordinance which results in the lack of an intention is a defense to a prosecution under any of the following circumstances:

    (1)

    Where the offender reasonably relied on ordinance in repealing an existing provision, or in otherwise purporting to make the offender's conduct lawful.

    (2)

    Where the offender reasonably relied on a final judgment of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional.

(Code 2004, § 14.17)

State law reference

Mistake of law, R.S. 14:17.