{"id":401773,"date":"2026-07-14T15:46:22","date_gmt":"2026-07-14T20:46:22","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=401773"},"modified":"2026-07-14T16:37:07","modified_gmt":"2026-07-14T21:37:07","slug":"what-is-entrapment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-law-basics\/what-is-entrapment.html","title":{"rendered":"What Is Entrapment?"},"content":{"rendered":"\n
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What Is Entrapment?<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Entrapment is a legal defense<\/span> claiming that a government agent<\/span> or law enforcement officer<\/span> induced a law-abiding person<\/span> to commit a crime they would not have otherwise committed. It is an affirmative defense<\/span> in criminal cases<\/span>. To prove entrapment, a defendant must show both government inducement and their own lack of <\/span>predisposition<\/span> to commit the crime.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

An actual entrapment defense<\/span> bears little resemblance to how it\u2019s shown in movies and television. Entrapment occurs when a law enforcement officer<\/span>, government agent<\/span>, or undercover officer<\/span> induces a law-abiding citizen<\/span> to commit a crime. For example, a person facing solicitation charges<\/a>\u200b may argue that they only engaged in the crime because an undercover officer<\/span> or other government agent<\/span> posing as a prostitute followed them for several blocks, complimenting them until they agreed to hire them.<\/p>\n

In this article, we’ll discuss what entrapment entails, including the elements of an entrapment defense<\/span>. We\u2019ll also explain how to successfully prove an entrapment claim.<\/p>\n

If you’re facing criminal charges<\/span> and believe a law enforcement agent<\/span> entrapped you, it\u2019s a good time to contact a local criminal defense<\/span> lawyer<\/span><\/a>\u200b. Proving entrapment requires a skilled attorney on your side.<\/p>\n

Definition of Entrapment<\/span> Under Criminal Law<\/span><\/h2>\n

Federal and state laws vary in how they define entrapment. In general, entrapment is a defense in a criminal case<\/span><\/a>\u200b that claims a\u00a0government agent<\/span>\u00a0induced a\u00a0law-abiding person<\/span>\u00a0to engage in\u00a0criminal conduct<\/span>\u00a0they otherwise wouldn’t have committed\u00a0on their own.<\/p>\n

A claim of entrapment<\/span> is an affirmative defense<\/span><\/a>. To be effective, the defendant must first present some evidence of government inducement. The specific burden of proof<\/span> varies by jurisdiction<\/span>, but the defendant must prove entrapment by a preponderance of the evidence<\/span>.<\/p>\n

Once a defendant presents evidence of inducement, the burden shifts to the prosecution to prove beyond a reasonable doubt<\/span><\/a>\u200b that the individual was predisposed to commit the crime. The state must demonstrate that the defendant would have committed the criminal act<\/span> regardless of the government agent<\/span>‘s actions.<\/p>\n

Effectively presenting a defense of entrapment<\/span> is difficult. There\u2019s no shame in getting a skilled defense attorney<\/a> on your side.<\/p>\n

State Entrapment Laws<\/span>: Objective Standard<\/span> Vs Subjective Standard<\/span><\/h2>\n

When it comes to entrapment laws<\/span>, every state is different. Some follow an objective standard<\/span> of entrapment, while others use a more subjective standard<\/span>. The federal Department of Justice<\/span><\/a>\u200b and most states follow the subjective approach. However, some jurisdictions<\/span> still adhere to an objective standard<\/span>.<\/p>\n

In those states that apply an objective test for entrapment, such as New York<\/a>, the focus is on law enforcement methods and whether they created a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. Under this standard, the question is whether police tactics would have induced a normally law-abiding person<\/span> to commit the crime. A defendant with no criminal history<\/span> could have significant sway with a judge or jury when it comes to proving entrapment.<\/p>\n

In contrast, states that follow a subjective standard<\/span> of entrapment focus primarily on the defendant’s <\/span>predisposition<\/span> to commit the crime, with less emphasis on police conduct<\/span><\/a>. Under the subjective test<\/span>, even aggressive police tactics may not constitute entrapment if the defendant was predisposed to commit the offense. Evidence of prior similar criminal conduct<\/span> or the defendant’s ready willingness to commit the crime may defeat an entrapment claim, regardless of police pressure.<\/p>\n

Elements of a Successful Entrapment Defense<\/span><\/h2>\n

A successful claim of entrapment<\/span> requires that the defendant prove two things. First, they must demonstrate that a law enforcement official<\/span> or other government agent <\/span>induced<\/a>\u200b them to engage in criminal conduct<\/span>.<\/p>\n

The defendant must also show that they did not have a predisposition<\/span> to commit the crime before meeting the police officer<\/span>, undercover agent<\/span>, or other government agent<\/span>. The absence of a criminal history<\/span><\/a>\u00a0can go a long way toward proving that the accused would never engage in criminal activity<\/span> under normal circumstances.<\/p>\n

Inducement<\/h3>\n

Entrapment means<\/span> that a police officer<\/span> or other government agent<\/span> caused an ordinary, law-abiding citizen<\/span> to commit a crime. This element can be proven in several ways. For example, showing that an undercover officer<\/span><\/a>\u200b threatened to harm your family if you didn’t sell them cocaine may be considered inducement.<\/p>\n

Other types of inducement include the following:<\/p>\n