Criminal Defense · Haute Lawyer Network
What Is the Entrapment Defense in Criminal Cases?
Last reviewed: June 2026
Entrapment is a criminal defense asserting that the defendant was induced to commit the crime by government agents — law enforcement or their informants — and would not have committed it otherwise. The defense focuses not on whether the defendant committed the act, but on whether the government improperly created the criminal opportunity and induced the defendant's conduct. The federal subjective test for entrapment asks: Was the defendant predisposed to commit the crime before the government's contact? If the defendant was already predisposed — had the intent and was looking for the opportunity — entrapment fails even if an undercover officer provided the opportunity. If the defendant had no prior predisposition and was induced by persistent government pressure, entrapment may succeed. A minority of states use the objective test — asking whether the government's conduct would have induced an otherwise law-abiding person, regardless of the specific defendant's predisposition.
Frequently Asked Questions
Does entrapment apply when a private citizen (not a government agent) induces criminal conduct?
No. Entrapment is a defense only against government-induced conduct — law enforcement and their agents. Private citizens who induce criminal conduct create other potential defenses but not entrapment.
What is a reverse sting operation?
A law enforcement operation where officers pose as buyers rather than sellers — typically in drug cases. Reverse stings are subject to the same entrapment analysis as conventional stings.
What evidence supports an entrapment defense?
Evidence that the defendant had no prior criminal record for the type of offense, that the government's contact was repeated and persistent, that the government provided the means to commit the crime, and that the defendant initially resisted.
Can entrapment be raised after a guilty plea?
Generally no. Pleading guilty typically waives all non-jurisdictional defenses including entrapment. The entrapment defense should be raised at trial, not after a plea.
How does an entrapment defense play out at trial?
The defendant bears the burden of producing some evidence of entrapment. Once that burden is met, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime independent of the government's inducement.
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