(1) Whoever, at the time the act is committed, is ignorant of a circumstance that is a factual element of the act, is not deemed to have acted with intent. The possibility of sanctioning for negligent acts remains unaffected.
(2) If the perpetrator, at the time the act is committed, is incapable of understanding its wrongfulness because he or she is ignorant of the existence or applicability of a legal provision, he or she is not deemed to have acted reprehensibly if he or she was unable to avoid this error.