What is entrapment in criminal defense law?

Entrapment is a defense used in criminal law cases. It happens when a law enforcement officer encourages or forces a person to commit a crime that they wouldn’t have otherwise done. The entrapment defense can be used when a person has been pressured into performing an illegal act that would not have occurred to them without the influence of the officer. In South Dakota, the entrapment defense is covered by SDCL 23A-22-14. This law states that an officer cannot induce or urge a person to commit an offense that they would not have committed otherwise. If an officer has crossed the line and tempted a person to commit a criminal act, then the person may use entrapment as a defense. The entrapment defense in South Dakota is quite narrow. It is only available if the officer has used an “unconscionable” method to induce the criminal act. An unconscionable method means an improper or unethical pressure that takes advantage of a person’s characteristics or weaknesses. In order for the entrapment defense to be successful, the defense must prove that the officer involved induced the criminal act beyond the scope of “normal investigative technique”. If the court finds that the entrapment was the only factor that caused the criminal act to take place, then the person can be found not guilty and their charges will be dropped.

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What is entrapment in criminal defense law?

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