What is entrapment in federal criminal law?

Entrapment is a defense in federal criminal law in which a person is accused of committing a crime due to being convinced or encouraged to do so by an agent of law enforcement (such as a police officer or government official). Entrapment consists of two elements: inducement and predisposition. Inducement is when law enforcement agents provide someone with the opportunity, means, or encouragement to commit a crime. Predisposition is when the person already has a predisposition to commit the crime and does so due to the inducement of the agent. In Texas, to successfully prove entrapment as a defense to a federal criminal charge, the defendant must show that the government agent either created a criminal opportunity or created a climate where committing the crime was a foreseeable consequence. For example, if a police officer convinces someone to commit a crime and the defendant did not already have an intent to commit the crime, the defendant might be able to prove entrapment. It is important to keep in mind that for entrapment to be successful as a defense, the defendant has the burden of proof to prove it beyond a reasonable doubt, and that entrapment is not an excuse for committing the crime. The law enforcement agent must have committed some form of improper inducement for entrapment to be a valid defense.

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