Also known as: official statements of the law
Written by attorneys · grounded in primary & secondary sources — see below
A pronouncement of legal rules or interpretations issued by a legislature, court, administrative agency, or authorized public official. The statement supplies the basis for a narrow mistake-of-law defense when a defendant reasonably relies on it and the statement is later determined to be invalid or erroneous.
Select any source to read its text and confirm it supports the definition.
Lena is operations director for Ridgeway Transport. She obtains a written exemption notice on federal transportation agency letterhead authorizing longer driver shifts without required rest breaks. After a court later invalidates the exemption, prosecutors charge her with violating the rest-break statute. Her reasonable reliance on the agency document supplies the official statement of the law that supports a mistake-of-law defense.
Federal agents arrest Marrero after he carries a firearm into a federal building. Marrero claims he relied on an official interpretation from a federal officer stating that his conduct was lawful. The court later determines the officer's interpretation was erroneous. Marrero's reasonable reliance on that official statement of the law forms the basis for his asserted mistake-of-law defense.
The Twitchells follow advice in an official church publication stating that prayer alone satisfies legal duties toward a sick child. After their child dies, prosecutors charge them with manslaughter. The publication was issued by the public officer charged with interpreting the relevant religious-exemption statute. Their reasonable reliance on that official statement of the law supports a mistake-of-law defense.
A statute or other enactment, a judicial decision, an administrative order or grant of permission, or an official interpretation by the public officer or body charged with interpreting, administering, or enforcing the law all qualify. Private advice, blogs, or informal comments do not qualify even if they appear authoritative.
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…for treating as a defense the belief that conduct is not a violation of law when a defendant has reasonably relied on an official statement of the law, later determined to be wrong, contained in an official interpretation of the public official who is charged by law with the responsibility for the interpretation or enforcement of the law…
…added]). While providing a narrow escape hatch, the idea was simultaneously to encourage the public to read and rely on official statements of the law
…1979) 477 F. Supp. 463, 480.) It focuses on those circumstances in which an individual acts "in reasonable reliance upon an official statement of the law
Yes. The defendant bears the burden of proving by a preponderance that he acted in reasonable reliance on an official statement later determined to be invalid or erroneous.
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Continued conduct after public withdrawal of the statement can render reliance unreasonable and defeat the defense. A measured response that promptly ceases the conduct after withdrawal supports the claim of reasonable reliance.
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An internal memo can support the defense if it constitutes an official interpretation by the officer charged with enforcement and the defendant's reliance was reasonable. Courts examine whether the memo's internal nature or other circumstances made reliance unreasonable.
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Awareness of separate federal criminal penalties and internal doubts about whether a local civil-only permit overrides federal criminal law can render reliance unreasonable and defeat the defense.
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