1.144 — ENTRAPMENT

Violations of "Statute 1.144" results in a Class D Felony

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(a) Definitions

Entrapment occurs when a law enforcement officer or agent of the government induces a person to commit a criminal offense that they would not have otherwise been predisposed to commit. This defense is intended to prevent government abuse where an individual is unfairly manipulated into breaking the law for the sole purpose of securing a conviction.

Entrapment requires two main components:

• Government inducement: The defendant was pressured, persuaded, or encouraged by law enforcement to commit the offense.

• Lack of predisposition: The defendant was not already inclined or willing to commit the offense before the government’s involvement.

Common forms of inducement may include:

• Repeated persuasion, coercion, or harassment

• Offering excessive or unusually tempting incentives

• Misrepresentation of the legality or consequences of the act

• Use of threats, pressure, or manipulation to prompt action

(b) Elements

To establish entrapment as a valid defense, the defendant must demonstrate that:

• A government official or someone acting under the direction of law enforcement initiated the idea of committing the offense.

• The defendant was not already ready and willing to commit the offense prior to being approached or influenced.

• The encouragement or actions of the official went beyond merely providing an opportunity to break the law and instead actively pressured or induced the behavior.

If the defendant was predisposed to commit the crime and law enforcement merely provided the opportunity or means to do so, the entrapment defense will not apply.

(c) Defenses

Prosecution may refute an entrapment claim by showing:

• The defendant was already engaged in similar illegal activity or had a known intent to commit the offense.

• The defendant responded willingly to a standard undercover opportunity without requiring pressure or persuasion.

• The defendant quickly and actively took steps to commit the crime without hesitation or reluctance.

• The law enforcement conduct was lawful, minimal, and did not rise to the level of coercion or undue influence.

Entrapment does not apply to actions taken by private citizens unless they were acting under the explicit instruction or direction of law enforcement.

(d) Aggravating Factors

While entrapment itself is a defense, certain aggravating factors may weaken the defense or justify closer scrutiny of the claim:

• The defendant has a history of similar offenses or behavior indicating predisposition.

• The inducement involved only minimal prompting or a single interaction.

• The defendant proposed or escalated the criminal conduct beyond what was initially suggested.

• The government’s involvement was passive, with no excessive persuasion or coercion.

• The defendant boasted about or encouraged others to commit the offense after the interaction.