What are the elements of an entrapment defense?

Entrapment is an affirmative defense to a charge of criminal activity. This means that if the defendant can prove entrapment, their criminal charge may be dropped. In Indiana, to prove entrapment, the accused must prove the following elements: First, they must show that the criminal conduct was induced or encouraged by a law enforcement officer. This means that the officer, either directly or indirectly, encouraged the accused to commit the crime. Second, the accused must prove that they were not predisposed to commit the crime. This may involve showing evidence that the accused had not committed similar crimes in the past, or had no intention of committing the crime before the officer’s involvement. Third, the accused must prove that the officer’s involvement was intended to induce or encourage the commission of the crime. This is usually done by showing that the officer made promises of leniency or reward in exchange for the commission of the crime. Finally, the accused must prove that the officer’s inducement caused them to commit the crime. This is usually done by showing that the accused would not have committed the crime without the law enforcement officer’s involvement. If all of these elements are proven, then the accused may be able to use entrapment as a defense against their criminal charge. However, this is a difficult defense to prove, and is rarely successful.

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What are the elements of an entrapment defense?

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