Criteria for Establishing Entrapment
To claim entrapment, the defendant must show that:
1. Law enforcement or someone acting for them initiated the criminal activity. This means the officer planted the idea of the crime in the defendant’s mind, not the other way around.
2. The officer used more than just an opportunity. Simply providing a chance to commit a crime isn’t enough. There needs to be evidence of the following:
- Excessive Pressure or Persuasion: The officer heavily encouraged or badgered the defendant into committing the act.
- Threats or Intimidation: The officer used forceful tactics to coerce the defendant.
- They were not already planning or willing to commit the crime. The officer’s actions didn’t create the criminal intent; they merely presented an opportunity the defendant wouldn’t have otherwise pursued.
- Deception goes beyond a simple undercover operation.