/muh-DEL PEE-nuhl KOHD sek-shun TOO point THUR-teen/·statute
Also known as:MPC § 2.13 · Model Penal Code section 2.13 · entrapment
Written by attorneys · grounded in primary & secondary sources — see below
A statutory defense available when a law enforcement official or cooperating person induces or encourages an offense by knowingly making false representations that the conduct is not prohibited or by using methods of persuasion that create a substantial risk the offense will be committed by persons not ready to commit it.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Study Supplements
How it applies
Common Examples
6
Bank Officer Induced By False Assurances
Miles Montgomery, an undercover investigator, posed as a consultant and approached Madison Meyers, a compliance officer at Metro Bank with no prior violations. Montgomery repeatedly assured Meyers that structuring deposits to evade reporting rules was lawful and offered large bonuses if she approved the transactions. Meyers initially refused but eventually agreed after sustained pressure and the false legal assurances. The court finds entrapment because the officer's knowing misrepresentations and persuasion created a substantial risk that a person not ready to offend would commit the structuring offense.
Truck Driver Pressured Into Diversion
Michael Miller worked as a dispatcher for Midwest Airlines and repeatedly urged Mohan Malhotra, a pilot with no theft record, to divert fuel shipments by claiming the diversions were merely internal accounting matters. Malhotra initially declined but relented after weeks of persistent encouragement and misleading statements that the conduct carried no criminal risk. Charged with theft, Malhotra raises entrapment. The court accepts the defense because the officer's false representations and pressure induced conduct by someone not predisposed to commit the offense.
Procurement Officer Misled On Bribery
Miranda Morales, posing as a vendor, visited Michael Miller, a state procurement officer with no history of corruption, and repeatedly pressed him to steer contracts in exchange for consulting fees while insisting the payments were routine and approved by ethics staff. Miller resisted at first but eventually accepted the fees after continued visits and the false assurances of legality. Prosecuted for bribery, Miller asserts entrapment. The court finds the defense established because the agent's knowing misrepresentations about legality and sustained persuasion created a substantial risk that a non-predisposed person would offend.
Warehouse Worker Urged To Divert Cargo
Melanie Morris, an undercover officer placed as a dispatcher at Majestic Construction, repeatedly urged Miranda Morales, a driver with no record of theft, to divert electronics shipments while assuring her the diversions were only a civil contract issue. Morales initially refused but agreed after persistent pressure and the misleading statements minimizing criminal exposure. Charged with theft, Morales raises entrapment. The court accepts the defense because the officer's false representations and methods of persuasion induced the offense in a person not ready to commit it.
Officer Induced By Sustained False Claims
Madison Meyers, acting undercover for Monarch Pharmaceuticals, approached Miles Montgomery, a purchasing agent with no bribery history, and repeatedly urged him to favor certain suppliers in exchange for payments while claiming the fees were lawful lobbying routinely approved by compliance officers. Montgomery resisted initially but eventually accepted after continued pressure and the false legal assurances. Charged with bribery, Montgomery asserts entrapment. The court finds entrapment because the agent's knowing misrepresentations and persuasive methods created a substantial risk that a person not ready to offend would commit the crime.
Logistics Employee Pressured On Cargo Scheme
Mohan Malhotra, an undercover transit officer, repeatedly urged Melanie Morris, a truck driver with no theft record, to divert pallets while assuring her the diversions raised only contract issues and carried no criminal risk. Morris initially declined but relented after sustained urging and the misleading statements. Charged with theft, Morris raises entrapment. The court accepts the defense because the officer's false representations and pressure induced the offense by a person not otherwise ready to commit it.
Common questions
Frequently Asked
3
How should a court rule on an entrapment defense when an undercover officer makes false assurances about legality and applies sustained pressure?+
The court should find entrapment because the Model Penal Code focuses on the officer's conduct rather than the defendant's predisposition. Entrapment occurs when a law enforcement officer induces the offense by knowingly making false representations that the conduct is not prohibited or by using persuasive methods that create a substantial risk the crime will be committed by persons not ready to commit it. False assurances combined with repeated pressure on a person with no prior violations satisfies the standard, leading to acquittal.
Supporting sources
Does the Model Penal Code entrapment defense require proof that the defendant lacked criminal intent at the time of the offense?
No. The defense turns on whether the officer induced the offense through prohibited methods, not on whether the defendant formed intent before acting. Even if the defendant formed intent during the inducement, the court acquits if the officer's false representations or persuasive methods created a substantial risk that a person not ready to commit the offense would do so.
Supporting sources
Can a defendant succeed with an entrapment defense under the Model Penal Code when the charged offense does not involve bodily injury?+
Yes. The defense is unavailable only when causing or threatening bodily injury is an element of the offense and the prosecution is based on conduct causing or threatening such injury to a person other than the officer. For offenses such as bribery or structuring that lack a bodily-injury element, the defendant may prove entrapment by a preponderance of the evidence and obtain acquittal.
Supporting sources
, § 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, §…
of the head, along with a firm grip, to help keep the baby in place while the practitioner plunges a pair of scissors into the base of the baby's skull"). See also S. 6 and H. R. 929 Joint…
defense,[^maj-1] petitioner was convicted, and a divided Court of Appeals for the Eighth Circuit, sitting en banc, affirmed, concluding that "Jacobson was not entrapped as a matter of law."…
itself, it draws its persuasive force from the fact that it bears certain resemblances to
entrapment
. The law independently forbids convictions that rest upon
entrapment
. See Jacobson v.…
Criminal Law & ProcedureGeneral principles · Justification and excuseUBEFoundational