Legal Definitions - entrapment

Entrapment is a legal defense in criminal law where a defendant argues that they were unfairly induced or persuaded by law enforcement officers or government agents to commit a crime they would not have otherwise committed.

For an entrapment defense to be successful, two key elements typically need to be demonstrated:

• The government agent actively encouraged, persuaded, or induced the defendant to commit the crime.
• The defendant was not already predisposed or inclined to commit that particular type of crime before the government's involvement.

Essentially, the defense claims that the government initiated the criminal idea and pushed an unwilling person into illegal activity, rather than merely providing an opportunity for someone who was already willing to break the law.

Here are some examples illustrating entrapment:

• Example 1: The Struggling Shopkeeper

  An undercover police officer, posing as a customer, repeatedly visits a struggling antique shop owner who is facing bankruptcy. The officer, aware of the owner's financial desperation, suggests a scheme to stage a fake robbery and claim insurance money. The owner initially refuses several times, expressing moral objections and fear of legal consequences. However, after weeks of persistent pressure, emotional manipulation, and promises of a large sum of money that would save the business, the owner reluctantly agrees to participate. When the "robbery" is staged, the owner is arrested.

  This illustrates entrapment because the shop owner had no prior intention or predisposition to commit insurance fraud. The police officer actively induced the crime through persistent persuasion and exploitation of the owner's financial vulnerability, pushing them into an act they would not otherwise have considered.

• Example 2: The Naive Student and the Informant

  A police informant befriends a college student known for being exceptionally trusting and easily influenced, with no history of drug involvement. Over several weeks, the informant repeatedly asks the student to transport a package, claiming it contains "special herbs" for a sick relative and emphasizing the urgency and the informant's desperate need for help. The student, initially hesitant and uncomfortable, eventually agrees out of a misguided sense of loyalty and pity, only to discover the package contains illegal drugs upon arrest.

  Here, the student lacked any predisposition to engage in drug trafficking. The informant's repeated requests, emotional appeals, and misrepresentation of the package's contents constitute the government's inducement, leading the student to commit a crime they would not have otherwise.

• Example 3: The Online Gaming Enthusiast

  A government agent, operating online, joins a forum for video game enthusiasts and identifies a user who is highly skilled in modifying game code but has never engaged in illegal hacking. The agent, posing as a fellow gamer, begins to challenge this user, suggesting they "test their skills" by trying to breach the security of a fictional "rival gaming company's" server, which is actually a government-protected system. The agent provides specific tools and instructions, continuously praising the user's abilities and framing the act as a harmless game. After significant encouragement and technical assistance, the user attempts the breach and is subsequently arrested.

  This scenario demonstrates entrapment because the user had no prior intent to commit cybercrime against a real-world entity. The government agent actively induced the illegal act by framing it as a game, providing the means, and persistently encouraging the user to cross a line they would not have otherwise.