Entrapment Defense for Sex Crime Charges
Discuss Your Rights With a Houston Sex Crime Lawyer
Entrapment can be a powerful defense if you have been charged with a
sex crime. It can be used to the benefit of defendants in pretrial motions, may
be raised as a defense at trial, or raised as an issue in negotiations
with the prosecution to seek a favorable plea agreement.
According to the Criminal Resource Manual 645, no government agency is authorized to originate a criminal design by
implanting the disposition to commit a criminal act into an innocent person’s
mind. Essentially, entrapment describes scenarios where law enforcement
coerces a crime, or is the author of the crime, while the alleged perpetrator
would not under normal circumstances have committed said crime (Jacobson
v. United States, 503 U.S. 540, 548 (1992)).
Solicitation vs. Inducement
The linchpin for the entrapment defense is inducement. The defense cannot
stop short of proving full inducement, because solicitation alone is not
enough. Inducement means that law enforcement was persuaded or coerced
into committing a crime. Solicitation can involve the use of artifice,
stratagem, pretense, and even deceit, and is not considered entrapment.
The Finding of Predisposition
Even if the defense is able to prove inducement, predisposition can still
kill an entrapment defense. This means that if the state can prove that
the defendant was a “criminal who readily availed himself of the
opportunity to perpetrate the crime” then the entrapment defense
Texas Penal Code Sec. 8.06
The Texas Penal Code echoes the federal definition of entrapment:
It is a defense to prosecution that the actor engaged in the conduct charged
because he was induced to do so by a law enforcement agent using persuasion
or other means likely to cause persons to commit the offense. Conduct
merely affording a person an opportunity to commit an offense does not
constitute entrapment. (b) In this section "law enforcement agent"
includes personnel of the state and local law enforcement agencies as
well as of the United States and any person acting in accordance with
instructions from such agents.
Entrapment is not used exclusively as a defense for sex offenses, but it
is a common one. Contact The Law Offices of Jed Silverman today to see
what your options for a strong defense are.
Call now for a free consultation!
For the strong defense you require, contact The Law Offices of Jed Silverman.
We provide each of our clients with an aggressive defense. Houston sex
crime attorney Jed Silverman has the experience and legal know-how to
protect your rights.
Take this opportunity to protect your interests.
Contact us at (713) 597-2221 to discuss what role entrapment may have played in your
arrest and charges.