Effective:[See Text Amendments]

West's Revised Code of Washington Annotated Currentness

Title 9A. Washington Criminal Code (Refs & Annos)

Chapter 9A.16. Defenses (Refs & Annos)

9A.16.070. Entrapment

(1) In any prosecution for a crime, it is a defense that:

(a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and

(b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.

(2) The defense of entrapment is not established by a showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.

CREDIT(S)

[1975 1st ex.s. c 260 § 9A.16.070.]

Current with 2013 Legislation effective through June 7, 2013

West's RCWA 9A.16.080

§ 11.81.450. Entrapment

In any prosecution for an offense, it is an affirmative defense that, in order to obtain evidence of the commission of an offense, a public law enforcement official or a person working in cooperation with the official induced the defendant to commit the offense by persuasion or inducement as would be effective to persuade an average person, other than one who is ready and willing, to commit the offense. Inducement or persuasion which would induce only a person engaged in an habitual course of unlawful conduct for gain or profit does not constitute entrapment.

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness

Chapter 720. Criminal Offenses

Criminal Code

Act 5. Criminal Code of 2012 (Refs & Annos)

Title II. Principles of Criminal Liability

Article 7. Justifiable Use of Force; Exoneration (Refs & Annos)

5/7-12. Entrapment

§ 7-12. Entrapment.

A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness

Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)

Part I. Preliminary Provisions

Chapter 3. Culpability (Refs & Annos)

§ 313. Entrapment

(a) General rule.--A public law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages another person to engage in conduct constituting such offense by either:

(1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or

(2) employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

(b) Burden of proof.--Except as provided in subsection (c) of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of evidence that his conduct occurred in response to an entrapment.

(c) Exception.--The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973.

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-12. Entrapment

a. A public law enforcement official or a person engaged in cooperation with such an official or one acting as an agent of a public law enforcement official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages and, as a direct result, causes another person to engage in conduct constituting such offense by either:

(1) Making knowingly false representations designed to induce the belief that such conduct is not prohibited; or

(2) Employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

b. Except as provided in subsection c. of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of evidence that his conduct occurred in response to an entrapment. The issue of entrapment shall be tried by the trier of fact.

c. The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

CREDIT(S)

L.1978, c. 95, § 2C:2-12, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 9, eff. Sept. 1, 1979.

Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.

Vernon's Annotated Missouri Statutes Currentness

Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders

Chapter 562. General Principles of Liability (Refs & Annos)

562.066. Entrapment

1. The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the prescribed conduct because he was entrapped by a law enforcement officer or a person acting in cooperation with such an  officer.

2. An “entrapment” is perpetuated if a law enforcement officer or a person acting in cooperation with such an officer, for the purpose of obtaining evidence of the commission of an offense, solicits, encourages or otherwise induces another person to engage in conduct when he was not ready and willing to engage in such conduct.

3. The relief afforded by subsection 1 is not available as to any crime which involves causing physical injury to or placing in danger of physical injury a person other than the person perpetrating the entrapment.

4. The defendant shall have the burden of injecting the issue of entrapment.

CREDIT(S)

(L.1977, S.B. No. 60, p. 662, § 1, eff. Jan. 1, 1979.)

Statutes are current with emergency legislation approved through May 15, 2013, of the 2013 First Regular Session of the 97th General Assembly. Constitution is current through the November 6, 2012 General Election.

Vernon's Texas Statutes and Codes Annotated Currentness

Penal Code (Refs & Annos)

Title 2. General Principles of Criminal Responsibility

Chapter 8. General Defenses to Criminal Responsibility (Refs & Annos)

§ 8.06. Entrapment

(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(b) In this section “law enforcement agent” includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

CREDIT(S)

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Current through Chapters effective immediately through Chapter 36 of the 2013 Regular Session of the 83rd Legislature

McKinney's Consolidated Laws of New York Annotated Currentness

Penal Law (Refs & Annos)

Chapter 40. Of the Consolidated Laws (Refs & Annos)

Part One. General Provisions

Title C. Defenses

Article 40. Other Defenses Involving Lack of Culpability (Refs & Annos)

§ 40.05 Entrapment

In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was induced or encouraged to do so by a public servant, or by a person acting in cooperation with a public servant, seeking to obtain evidence against him for purpose of criminal prosecution, and when the methods used to obtain such evidence were such as to create a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. Inducement or encouragement to commit an offense means active inducement or encouragement. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

CREDIT(S)

(L.1965, c. 1030, formerly § 35.40. Renumbered 40.05, L.1968, c. 73, § 11.)

Current through L.2013, chapter 28.

West's Annotated Indiana Code Currentness

Title 35. Criminal Law and Procedure

Article 41. Substantive Criminal Provisions (Refs & Annos)

Chapter 3. Defenses Relating to Culpability (Refs & Annos)

35-41-3-9 Entrapment

Sec. 9. (a) It is a defense that:

(1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and

(2) the person was not predisposed to commit the offense.

(b) Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment.

CREDIT(S)

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.14.

Statutes and constitution are current through June 29, 2013, excluding P.L. 205-2013.

West's Tennessee Code Annotated Currentness

Title 39. Criminal Offenses

Chapter 11. General Provisions

Part 5. General Defenses

§ 39-11-505. Entrapment

It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. If a defendant intends to rely on the defense of entrapment, the defendant shall give to the district attorney general a notice comparable to that required for an insanity defense under Rule 12.2 of the Tennessee Rules of Criminal Procedure.

CREDIT(S)

1989 Pub.Acts, c. 591, § 1.

Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013

West's Utah Code Annotated Currentness

Title 76. Utah Criminal Code

Chapter 2. Principles of Criminal Responsibility (Refs & Annos)

Part 3. Defenses to Criminal Responsibility

§ 76-2-303. Entrapment

(1) It is a defense that the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(2) The defense of entrapment shall be unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening the injury to a person other than the person perpetrating the entrapment.

(3) The defense provided by this section is available even though the actor denies commission of the conduct charged to constitute the offense.

(4) Upon written motion of the defendant, the court shall hear evidence on the issue and shall determine as a matter of fact and law whether the defendant was entrapped to commit the offense. Defendant's motion shall be made at least 10 days before trial except the court for good cause shown may permit a later filing.

(5) Should the court determine that the defendant was entrapped, it shall dismiss the case with prejudice, but if the court determines the defendant was not entrapped, such issue may be presented by the defendant to the jury at trial. Any order by the court dismissing a case based on entrapment shall be appealable by the state.

(6) In any hearing before a judge or jury where the defense of entrapment is an issue, past offenses of the defendant shall not be admitted except that in a trial where the defendant testifies he may be asked of his past convictions for felonies and any testimony given by the defendant at a hearing on entrapment may be used to impeach his testimony at trial.

CREDIT(S)

Laws 1973, c. 196, § 76-2-303; Laws 1998, c. 282, § 67, eff. May 4, 1998.

Current through 2012 Fourth Special Session.

West's Arkansas Code Annotated Currentness

Title 5. Criminal Offenses (Refs & Annos)

Subtitle 1. General Provisions (Chapters 1 to 9)

Chapter 2. Principles of Criminal Liability

Subchapter 2. Culpability

§ 5-2-209. Entrapment

(a) It is an affirmative defense that the defendant was entrapped into committing an offense.

(b)(1) Entrapment occurs when a law enforcement officer or any person acting in cooperation with a law enforcement officer induces the commission of an offense by using persuasion or other means likely to cause a normally law-abiding person to commit the offense.

(2) Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

CREDIT(S)

Acts of 1975, Act 280, § 209.

Formerly A.S.A. 1947, § 41-209.

Current through 2012 Fiscal Sess. and 11/6/2012 election, including changes made by Ark. Code Rev. Comm. received through 11/1/2012, and emerg. eff. acts from 2013 Reg. Sess.: 7, 38, 39, 40, 41, 67, 109, 111, 135, 136, 139, 145, 147, 153, 169, 171, 176, 210, 234, 276, 282, 290, 304, 308, 315, 332, 336, 350, 378, 427, 442, 457, 458, 461, 500, 504, 512, 521, 522, 528, 539, 556, 557, 575, 600 to 602, 713, 747, 969, 990, 999, 1018, 1042, 1065, 1081, 1093, 1095, 1100, 1109, 1169, 1173, 1180, 1184, 1227, 1241, 1271, 1302, 1311, 1315, 1334, 1405, 1413, 1444, 1497, 1498, 1500.

West's Kansas Statutes Annotated Currentness

Chapter 21. Crimes and Punishments

Article 52. Principles of Criminal Liability

21-5208. Entrapment

A person is not guilty of a crime if such person's criminal conduct was induced or solicited by a public officer or such officer's agent for the purposes of obtaining evidence to prosecute such person, unless:

(a) The public officer or such officer's agent merely afforded an opportunity or facility for committing the crime in furtherance of a criminal purpose originated by such person or a co-conspirator; or

(b) The crime was of a type which is likely to occur and recur in the course of such person's business, and the public officer or such officer's agent in doing the inducing or soliciting did not mislead such person into believing such person's conduct to be lawful.

CREDIT(S)

Laws 2010, ch. 136, § 19, eff. July 1, 2011.

Current through 2012 regular session.