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MMLU / A state enacted a statute making it illegal to knowingly sell, purchase, or in…

Problem

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question

A state enacted a statute making it illegal to knowingly sell, purchase, or in anyway distribute any form of tobacco to a minor. Violation of the statute was a misdemeanor punishable by a $500 fine and up to 30 days in jail. After the statute's enactment, a defendant sold a pack of cigarettes to a girl who was 17 years of age. Before selling the product to the girl, the defendant carefully examined the girl's driver's license, which indicated that she was, in fact, 17 years old. The defendant nevertheless made the sale because he erroneously believed the age of majority to be 17. The defendant is subsequently charged with violation of the statute, and his mistake is honestly held to have been made. Such a mistake should

choices

  1. not prevent his conviction, because mistake of the law is no defense.
  2. not prevent his conviction, because the crime imposes absolute criminal liability.
  3. result in his acquittal, because he took reasonable steps to ascertain the girl's age.
  4. result in his acquittal, because he did not possess the requisite mens rea.

subject

professional_law

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