Police stings have been used for decades to catch people in the act of committing a crime. Though it might sound like a good idea to stop a criminal before they strike, stings can cause a great deal of harm. They can even result in people being charged with crimes that they would not have committed but for the actions of the police. In these situations, the criminal defense of entrapment might be available to the accused.

What is entrapment?

According to Indiana law, entrapment occurs when a person commits a criminal offense because they are incited or induced to do so by a public officer. In order for the defense to apply, the law enforcement officer must have acted with the intent to obtain evidence to use in a prosecution against that person.

The key issue in many entrapment cases is whether the defendant was actuallyinduced to commit the criminal offense. For inducement to occur, the public officer must have taken some action beyond merely giving the defendant the opportunity to commit a crime. The officer must actively persuade or coerce the defendant that they should commit a crime. For example, an undercover officer who asks a person to sell them drugs has probably not induced the person to commit a crime, even if the person does sell the officer drugs. On the other hand, an officer who continually harasses the person for drugs, asking that person many times over several days to sell to them, may be found to have induced the person to commit a crime. In this scenario, a defense of entrapment may be raised.

Entrapment is an affirmative defense, meaning that the defendant must let the prosecutor and the court know that they will be using the defense before the trial begins. The defendant will bear the burden of proving that they were entrapped; to overcome this defense the prosecutor must show that the defendant was predisposed to committing the offense.

What is not entrapment?

It is important to understand that not every encounter with an undercover agent gives rise to a defense of entrapment. For instance, there is likely no defense of entrapment where:

• The defendant is “predisposed” to commit a crime and the undercover officer merely provides the defendant with an opportunity to do so;
  • Ex. The defendant is chatting with minors on the internet with the aim of soliciting them. One of the “minors” the defendant is talking to is actually an undercover officer. The defendant has not been entrapped into a solicitation offense because the defendant was already planning to solicit a minor.
• The public officer provides the defendant with the tools to commit the crime; or
• The undercover officer lies to the defendant.

When might entrapment occur?

It is possible for entrapment to occur in virtually any situation where one person is asked or pressured to commit a criminal act. However, successful uses of the entrapment defense are most commonly seen in:

• Drug cases;
• Prostitution cases; and
• Cybercrimes, especially the solicitation of a minor.

Contact an Indiana Criminal Lawyer

Entrapment is a technical defense, one that requires a thorough understanding of the law in order to be properly utilized. If you think that you may have been entrapped and are facing criminal charges, it’s important for you to talk to a criminal attorney as soon as possible. Contact defense attorney Christopher Arrington if you’re in Avon, Plainfield, Brownsburg or the surrounding areas, and let our experienced staff guide you through your case.