Houston Criminal Defense Attorney

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[1], 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))[2].

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 cannot stand.

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.

We Build Trust

Our Past Clients Share Their Experience
  • “Special thanks to Trinidad Zamora for personally representing me in court and getting the case dismissed.”

    - David Stevens
  • “He truly cares about his clients and I saw that in every way possible I had contact with him about my son's case”

    - Lydia Reyes
  • “His professionalism really stood out to me, keeping me updated on my case regularly and making sure I understood what was going on with my case.”

    - Ricky Delatorre
  • “They cared about my case, cared about my record, and worked their tails off to get the result we wanted.”

    - Rodman Almassi
  • “It was the best decision I ever made. He and Trinidad kept us abreast of what was happening, and reassured us along the way.”

    - Mark Liles

Established & Respected

Have an Award-Winning Team on Your Side
  • Best Lawyers in America
  • Super Lawyers
  • The National Trial Lawyers
  • Avvo 10.0 Rating 2015
  • National Association of Criminal Defense Lawyers
  • Avvo Client's Choice - Criminal Defense

Contact Us

Act Fast to Protect Your Future
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.