New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
Criminal Law Simons, Volumes I and II
Resource 3 . 6 . 3
10 minutes

Cheek v. United States

Michael A. Simons

In some (very limited) circumstances, knowledge of the law will be an element of an offense, in which case ignorance of the law will be a defense. Cheek v. United States, an interesting "tax protester" case, provides one example.

As you read Cheek, consider these questions: 

1. What statute was Cheek charged with violating? What is the mens rea term in that statute? What does that mens rea term mean in that statute?

2. Based on that mens rea, can Cheek claim mistake of law? How did the Supreme Court rule on his appeal?

3. Given the Court’s holding, why do you think Cheek was convicted on retrial?

Supreme Court of the United States
498 U.S. 192, 112 L. Ed. 2d 617, 111 S. Ct. 604, 1991 U.S. LEXIS 348, SCDB 1990-019
No. 89-658
1991-01-08

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.