(A) A person is not guilty of an offense, other than an offense which involves absolute liability, unless, with respect to each element described by the statute defining the offense, he or she acts while having one of the mental states described in divisions (D)(1), (D)(2) and (D)(3) below. The existence of a mental state may be inferred from the acts of the accused and the facts and circumstances connected with the offense.
(B) If the statute defining an offense prescribes a particular mental state with respect to the offense as a whole without distinguishing among the elements thereof, the prescribed mental state applies to each element.
(C) Knowledge that certain conduct constitutes an offense or knowledge of the existence, meaning or application of the statute defining an offense is not an element of the offense unless the statute clearly defines it as such.
(D) (1) A person’s reasonable belief that his or her conduct does not constitute an offense is a defense if:
(a) The offense is defined by an administrative regulation or order which is not known to him or her and has not been published or otherwise made reasonably available to him or her and he or she could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him or her;
(b) He or she acts in reliance upon a status which later is determined to be invalid;
(c) He or she acts in reliance upon an order or opinion of the Montana Supreme Court or a United States appellate court later overruled or reversed; and/or
(d) He or she acts in reliance upon an official interpretation of the statute, regulation or order defining the offense made by a public officer or agency legally authorized to interpret such statute.
(2) If a person’s reasonable belief is a defense under division (D)(1) above, nevertheless he or she may be convicted of an included offense of which he or she would be guilty if the law were as he or she believed it to be.
(3) Any defense based upon this section is an affirmative defense.
(1992 Code, § 8-1-101)