Also known as: entrapment doctrine · entrapment · entrapment defense
Written by attorneys · grounded in primary & secondary sources — see below
A criminal defense that bars conviction when a law enforcement official or person cooperating with such an official induces another to commit an offense by making knowingly false representations designed to induce the belief that the conduct is not prohibited or by employing methods of persuasion that create a substantial risk the offense will be committed by persons other than those ready to commit it. The defendant must prove the defense by a preponderance of the evidence. The defense is unavailable when the charged offense involves causing or threatening bodily injury to a person other than the one perpetrating the entrapment.
Select any source to read its text and confirm it supports the definition.
Deanna Davenport, a bank compliance officer with no prior violations, was approached by an undercover investigator who formed a shell company and repeatedly urged her to structure deposits. The investigator assured her that staying under reporting thresholds was perfectly legal. After initial refusals, Deanna agreed and faced charges. The court found entrapment because the investigator's false representations and pressure induced the offense.
Denise Donovan received repeated government mailings over two years suggesting she order child pornography. With no prior interest or orders, she eventually complied after sustained pressure. Charged with receipt of illegal material, Denise raised entrapment. The facts showed the government created the disposition rather than merely providing an opportunity to a predisposed person.
Diego Duarte, a prohibition-era prohibition violator with no recent activity, was repeatedly visited by an undercover prohibition agent posing as a war veteran seeking liquor for personal use. After initial refusals citing the law, Diego sold a small amount. Arrested and charged, Diego asserted entrapment on the ground that the agent originated and induced the transaction through persistent persuasion.
Danielle Dixon was prosecuted after an undercover agent supplied a controlled substance and urged its distribution. She denied participation yet sought to raise entrapment. The court addressed whether the defense could proceed without an admission of the underlying conduct and how the burden of proof applied to the inducement claim.
Damian Decker, after consuming alcohol, was approached by officers who supplied materials and encouraged him to commit theft. He claimed the combination of intoxication and government inducement negated predisposition. The court examined whether evidence of voluntary intoxication could be considered in assessing the entrapment defense under due-process constraints.
Demetrius Douglas, a parent relying on faith healing, was repeatedly contacted by an undercover officer who misrepresented the legality of withholding medical treatment. After sustained pressure and false assurances, Demetrius agreed to a course of conduct leading to charges. The court evaluated whether the officer's methods created the criminal intent in a person not otherwise ready to offend.
The defendant must show by a preponderance of the evidence that a law enforcement official or cooperating person induced the offense through knowingly false representations about legality or through persuasive methods creating a substantial risk that a non-predisposed person would commit the crime. The court decides the issue outside the jury's presence.
Supporting sources
…See L. Tiffany, D. McIntyre & D. Rotenberg, Detection of Crime: Stopping and Questioning, Search and Seizure, Encouragement and Entrapment 18-56 (1967). This sort of police conduct may, for example, be designed simply to help an intoxicated person find his way home, with no intention of arresting him unless he becomes…
…"General Principles of Liability." Mont. Code Ann., Tit. 45, ch. 2 (1995). No less than adjacent provisions governing duress and entrapment, § 45-2-203 embodies a legislative judgment regarding the circumstances under which individuals may be held criminally responsible for their actions. As urged by Montana and its amici, §…
…perform the procedure. Id. , at 80 (statement of Pamela Smith, M. D.) ("In these procedures, one basically relies on cervical entrapment
…to commit a crime, even before any Government action to induce the commission of the crime. In my view, this holding changes entrapment doctrine
…so. 127 F. 3d, at 795, n. 3. The problem with this example, however, is that, even though it is not necessarily an example of entrapment
No. The mere provision of essential materials or contraband by a government agent does not amount to entrapment. The key inquiry remains the defendant's predisposition to commit the offense before the government's initial contact.
Supporting sources
The defense is unavailable when causing or threatening bodily injury is an element of the charged offense and the prosecution is based on conduct causing or threatening such injury to a person other than the one perpetrating the entrapment.
Supporting sources
Yes. Federal law permits a defendant to raise entrapment even while denying the elements of the charged offense. Courts reject rules that force an admission of guilt as a precondition to asserting the defense.
Supporting sources