Also known as:entrapment theories · entrapment defense · entrapment
Written by attorneys · grounded in primary & secondary sources — see below
A defense to criminal liability available when a law enforcement official or person acting with such an official induces or encourages the commission of an offense by making knowingly false representations that the conduct is not prohibited or by employing methods of persuasion that create a substantial risk that persons other than those ready to commit the offense will do so.
Sources & Authorities
How it applies
Common Examples
2
False Assurances Induce Data Theft
Enzo Eastwood, a freelance developer with no prior privacy violations, joined an online forum where an undercover detective posed as a fellow coder. The detective repeatedly urged Enzo to create a plug-in that secretly siphoned user data and assured him the activity was legal and platform-approved. Enzo eventually built and deployed the tool for a fee. Charged with data theft, Enzo proved the detective's knowingly false representations overcame his reluctance and created a substantial risk that law-abiding developers would offend.
Court Decides Entrapment Pretrial
Emmett Egan, a hotel manager, initially resisted an undercover fire marshal's requests to exceed occupancy limits and disable alarms. After weeks of visits and false claims that waivers existed and officials secretly approved the changes, Emmett agreed. Charged with fire-code violations, Emmett established by a preponderance of evidence that his conduct responded to the inducement. The court tried the entrapment issue without a jury and acquitted him.
Put it into practice
Test Yourself
10
Practice Questions5
· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Study Supplements
Common questions
Frequently Asked
4
What must a defendant prove to establish entrapment under the Model Penal Code objective standard?+
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 that the conduct was lawful or through persuasive methods creating a substantial risk that persons not ready to offend would commit the crime.
Supporting sources
Who decides the entrapment defense and when is it decided?+
The court decides the entrapment issue in the absence of the jury after the defendant proves the defense by a preponderance of the evidence.
Supporting sources
When is the entrapment defense unavailable even if inducement occurred?+
The defense is unavailable when causing or threatening bodily injury is an element of the charged offense and the prosecution rests on conduct causing or threatening such injury to someone other than the person who perpetrated the entrapment.
Supporting sources
Does supplying contraband or essential materials by itself establish entrapment under federal law?+
No. Mere provision of contraband or essential materials by a government agent does not amount to entrapment. The inquiry focuses on the defendant's predisposition under the subjective federal standard.
Supporting sources
Criminal Law & ProcedureGeneral principles · Justification and excuseUBEFoundational