What are the elements of an entrapment defense?

In Virginia, an entrapment defense may be used to counter a drug crime charge. This defense is used if it is proven the defendant was convinced to commit the crime through undue pressure or force. In order for the defense to be valid, the court needs to determine the defense can be proven with clear and convincing evidence. The first element of an entrapment defense in Virginia is that improper inducement was used by law enforcement to convince the accused to commit the crime. This can include threats, promises, or any other type of coercion by law enforcement. The second element is that the accused was not predisposed to committing the crime before being approached by law enforcement. This means the accused had no criminal intentions to commit the crime until the law enforcement agents initiated contact with them. The third element is that the accused had no knowledge that the crime was illegal. This element removes the possibility of the accused committing the crime knowing it was illegal. Lastly, the accused must show that he or she did not have any criminal intent to commit the crime until law enforcement lured them into partaking in the criminal activity. This element is important because it shows the accused was led astray by law enforcement with improper suggestions, threats, or promises. If a defendant can prove these elements, then the entrapment defense may be valid in Virginia. The burden of proof is on the defendant to show that law enforcement was responsible for inducing the crime. If successful, the defendant can have the charges against them reduced or dismissed.

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What are the elements of an entrapment defense?

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