What are the elements of an entrapment defense?

The entrapment defense is an option in Kansas drug crime law for those accused of a crime. This defense alleges that the accused person was tricked into committing a crime that they otherwise would have not committed. The elements of an entrapment defense are that the accused person had no prior intent to commit the crime, and was persuaded, induced, or coerced by law enforcement to do so. In order to prove entrapment, the accused must show that they were the subject of an overreaching law enforcement strategy. Other elements the accused must prove include that the law enforcement agent used threats, intimidation, or promises, or made excessive claims and persistent urging in order to get the accused to commit the crime. In addition, they must prove that their participation in the crime was a direct result of the law enforcement agent’s actions. It can be difficult to prove entrapment, as the defense must be able to show that the accused did not have a preexisting willingness to commit the crime. However, if all elements of the entrapment defense can be proven, the accused person may not be found guilty of the crime.

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What are the elements of an entrapment defense?

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