Entrapment by estoppel involves which key element?

Entrapment by estoppel involves which key element?

• A. A government official affirmatively stated the conduct was legal and the defendant relied on it.
• B. A private citizen misled the defendant.
• C. The defendant was coerced by a third party.
• D. The law was unclear at the time.

Answer: (A)

Entrapment by estoppel occurs when a government official with authority affirmatively tells the defendant that a conduct is legal, and the defendant reasonably relies on that assurance and proceeds to act. The key is the official misrepresentation and the defendant’s reliance on it, which leads to engaging in conduct that would otherwise be illegal. Private individuals’ statements don’t trigger this defense, and coercion by a third party or ambiguity about the law at the time do not satisfy the required element of an official assurance relied upon by the defendant.

Entrapment by estoppel occurs when a government official with authority affirmatively tells the defendant that a conduct is legal, and the defendant reasonably relies on that assurance and proceeds to act. The key is the official misrepresentation and the defendant’s reliance on it, which leads to engaging in conduct that would otherwise be illegal. Private individuals’ statements don’t trigger this defense, and coercion by a third party or ambiguity about the law at the time do not satisfy the required element of an official assurance relied upon by the defendant.