Legal Definitions - agent provocateur

An agent provocateur is an individual, often acting undercover for law enforcement or a similar organization, who deliberately instigates, incites, or participates in illegal activity with others. Their purpose is typically to expose criminal conduct, gather evidence, or cause a group to commit a crime so that its members can be identified and prosecuted. This person doesn't just observe; they actively encourage or create the conditions for the crime to occur.

Here are some examples to illustrate this concept:

• Imagine an undercover police officer who infiltrates a small group suspected of planning to illegally manufacture controlled substances. While embedded, the officer actively suggests a specific location for the illegal lab, offers to procure necessary precursor chemicals, and encourages the group members to proceed with the manufacturing process, all with the goal of gathering evidence for their arrest.

  This illustrates an agent provocateur because the officer is not merely observing existing criminal intent but is actively instigating and enticing the group to commit the crime by providing resources and encouragement they might not otherwise have had.

• Consider a private security operative hired by a large retail chain to investigate suspected internal theft. Posing as a new employee, the operative starts conversations with colleagues, subtly suggesting ways to bypass security systems to steal merchandise and even offering to "help" facilitate such actions, aiming to identify and catch employees who take the bait.

  In this scenario, the security operative acts as an agent provocateur by enticing and provoking other employees into committing theft, rather than merely reporting existing criminal activity. Their actions create the opportunity and encouragement for the crime.