Also known as: Official Staff Interpretations · staff interpretation · official interpretation
Written by attorneys · grounded in primary & secondary sources — see below
An authoritative statement of law issued by staff of the public officer or body charged with interpreting, administering, or enforcing a criminal statute. The statement supplies a narrow mistake-of-law defense when a defendant reasonably relies on it and the statement is later invalidated.
Dana, plant manager at Metro Metals, applied to the state environmental agency for permission to exceed emission limits. The agency issued a written variance on official letterhead authorizing the increase. Dana increased emissions in reliance on the variance. When a court later invalidated the variance, prosecutors charged Dana with exceeding statutory limits. Her reasonable reliance on the agency's official statement supplies a complete defense.
Otto Osman, a warehouse operator, obtained a formal permit from the port director stating that storage of certain chemicals would trigger only civil fines. Relying on the permit, Otto stored the chemicals without federal declarations. Federal prosecutors later charged him criminally under overlapping statutes. At common law the permit supplies no defense even though it came from the officer charged with interpreting the storage rules.
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The document must be issued by staff of the public officer or body legally responsible for interpreting or enforcing the statute. It must appear authoritative on its face and address the precise conduct later charged.
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Continued conduct after public withdrawal usually renders further reliance unreasonable. The defense protects only the period of reasonable reliance before notice of invalidity.
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No. Only statements from the officer or body charged by law with responsibility for the statute qualify. Private summaries or blogs are unofficial and provide no defense.
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The defendant must prove the defense by a preponderance of the evidence under Model Penal Code section 2.04(4).
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