If you’ve been accused of a crime in Dallas, Texas, you might have heard about the entrapment defense. This defense is a way to argue that law enforcement pushed or tricked you into committing a crime you wouldn’t have otherwise done. But what does that really mean, and how does the law treat entrapment in Texas? This post will explain the basics, what you need to prove, and how the courts handle this defense.
What Is Entrapment?
Entrapment happens when a law enforcement officer or someone working with them persuades or pressures a person to commit a crime. The key part is that the person was induced, not just given a chance to commit the crime. For example, if police officers just set up an opportunity for someone to buy drugs, that’s usually not entrapment. But if they keep pushing, threatening, or tricking someone until they agree, that could be.
Texas law defines entrapment under Penal Code Section 8.06. It says that a person is not guilty if they were induced by persuasion or other means likely to cause an average law-abiding person to commit the crime. So, simply offering a chance to commit a crime is not enough.
The Difference Between Opportunity and Inducement
One common misunderstanding is mixing up opportunity with inducement. Law enforcement can offer an opportunity for a crime to happen. For example, an undercover officer might pretend to sell drugs or illegal goods. But this alone doesn’t count as entrapment.
Inducement means something more—like repeated requests, emotional manipulation, threats, or large financial incentives that push someone into committing the crime. If the police pressure or coerce a person beyond just offering a chance, that may be considered entrapment.
How Courts Look at Entrapment in Texas
Texas uses a two-part test to decide if entrapment happened:
- Subjective test: Did the person actually get persuaded or forced to commit the crime? Did they have a desire to commit it before the police got involved? If the defendant was already ready to commit the crime, entrapment usually does not apply.
- Objective test: Would an average, law-abiding person have been pushed into committing the crime by the police’s actions? This looks at whether the police conduct was something that could cause an ordinary person to break the law.
The courts require proof that law enforcement used persuasion or means likely to cause someone to commit the crime. This can include emotional pressure, threats, extortion, or even forced intoxication.
Proving the Entrapment Defense
Entrapment is what lawyers call an affirmative defense. That means the accused admits to doing the act but argues they were induced to do it unfairly by the police. To use this defense successfully, the accused has to show enough evidence to make a prima facie case—that is, enough facts that if believed, entrapment could be true.
Once the defense presents this case, the burden shifts to the prosecution. They must prove beyond a reasonable doubt that there was no entrapment.
In some cases, if the evidence clearly shows entrapment and there is no dispute, a judge can dismiss the charges before the trial even starts. This is called a pretrial judicial determination.
Examples of Entrapment and When It Does Not Apply
Some examples help explain what is and isn’t entrapment:
- Not entrapment: If a person agrees to pay for prostitution or buy drugs when police simply offer the chance, this is usually not entrapment.
- Possible entrapment: If law enforcement repeatedly pressures someone, threatens them, offers large sums of money, or gets someone intoxicated to get them to commit a crime, that could be entrapment.
- Other factors: The defendant’s background can matter. Showing that someone is a normally law-abiding citizen or has no criminal record may help support the defense. Character witnesses and evidence of innocence might also play a role.
What This Means for You in Dallas
Entrapment defenses often come up in undercover sting operations, like drug busts or prostitution cases. Police departments in Dallas and nearby areas use these operations, and the line between legal enforcement and entrapment can sometimes get blurry.
If you think you were pushed into committing a crime by law enforcement, it’s important to talk to a criminal defense attorney who understands Texas law on entrapment. They can review the facts, help gather evidence, and build a defense if entrapment applies.
Facing Criminal Charges?
Entrapment means law enforcement pressured or tricked someone into committing a crime they wouldn’t have committed otherwise. In Texas, the law requires showing that inducement went beyond merely offering an opportunity. Courts look at whether the defendant was unfairly persuaded or coerced and if an average person would have been influenced the same way.
If you are facing criminal charges and believe entrapment played a role, call the Gallian Firm. Our Dallas lawyers can explain your rights and fight to protect your freedom. Don’t face the system alone—reach out for help today.