Does intention matter? Ignorance of the law is never an excuse. So even if you did not realize you were plagiarizing, you may still be found guilty. However, there are different punishments for willful infringement, or deliberate plagiarism, and innocent infringement, or accidental plagiarism. To distinguish between these, courts recognize what is called the good faith defense. If you can demonstrate, based on the amount you borrowed and the way you have incorporated it in your own work, that reasonably believed what you did was fair use, chances are that your sentence will be lessened substantially.