11.02.040 Effects of ignorance or mistake.
A. A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless:
1. It negates the existence of a particular mental state essential to commission of the offense; or
2. The ordinance defining the offense or an ordinance relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or
3. The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in this title.
B. A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless the conduct is permitted by one (1) of the following:
1. A statute or ordinance binding in this State and Town;
2. An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant the permission under the laws of the Town of Parachute and the state of Colorado;
3. An official written interpretation of the ordinance or law relating to the offense, made or issued by a public servant, agency, or body legally charged or empowered with the responsibility of administering, enforcing, or interpreting an ordinance, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the Town of Parachute and the state of Colorado.
C. Any defense authorized by this section is an affirmative defense. (Ord. 200 §1, 1982)