What is the defense of entrapment by estoppel?

This defense focuses on the actions of government officials and not on the predisposition of the accused.  In order to successfully assert this defense, one must actually rely on a point of law misrepresented by a government official and such reliance must be objectively reasonable given the identity of the official, the point of law misrepresented, and the substance of the misrepresentation.  The misrepresentation must be made directly to the accused rather than to others.

This defense exists where a government official tells the accused that certain conduct is legal, the accused relies on that representation in engaging in that conduct, and the accused is then later prosecuted for engaging in that conduct.

Categories: Defenses

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