Definition of Entrapment - Texas Penal Code

§ 8.06. ENTRAPMENT. 

 

(a) 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.

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Comments (8) Read through and enter the discussion with the form at the end
Sean - November 20, 2007 10:34 AM

Is it illegal to mislead someone through fake identity to gain access to their FaceBook / Myspace page to gain incriminating evidence against that person?

Russ - March 4, 2008 11:16 PM

Can a DPS officer sit in the dark (Off the road)with his lights off, Radar you and give citation?

Denise - August 20, 2008 3:42 AM

What is it when I am falsey accused of crimes like steeling from my husband's company; his employees tried that 2006. Which another family member took.

Then my horse was beaten up and they tried to falsely accuse me of calling the water works which is a felony or one year in jail.

What is the penel code for what they are trying to do to me?

If not entrapment then what?
False imprisonment?

I'm predivorce; he started his affairs in 2003; I was rearended by people who link to his affair and his family. I still have back pain.

The only thing that has stopped them is the tape recorder!

Regards,
Denise

J.M. - August 22, 2008 10:56 AM

Can a county jailer be charged with entrapment if he takes it upon himself to call the authorities on an individual that he is in conversation with on a cell phone with?

Case in point. His sister and I were argueing and he took it upon himself to call the authorities and have me picked up at his sister's home, though it was not his place, nor his home.

Basically the authorities knew where I was because of him knowing where I was and where I was heading. I was subsequentally arrested and charged with criminal trespass. What is your advice?

Jamie - August 22, 2008 11:03 AM

J.M.

Thanks for stopping by, but that doesn't sound like anything close to entrapment.

That sounds like someone calling the police and making a report or an allegation that a crime is being committed.

B - September 21, 2008 6:52 PM

If a cps investigator makes false statements in an investigation in order to present the false illusion that a child will be removed from the primary caretaker in order to persuade the primary caretaker to reveal more information, is this entrapment.

B - September 21, 2008 6:54 PM

If a cps investigator makes false statements in order to present an illusion that a child will be removed from the primary caretaker in order to persuade the primary caretaker to reveal more information, is this entrapment.

Mike - July 5, 2009 12:59 AM

I was coming home tonight, 7/4, and an unmarked police car started from a red light and was going about 25 in a 40 zone. I was right behind him and after several blocks passed him on the right to get to the speed
limit (40). He then accelerated, pulled me over and told me he 'clocked' me at 50. He may have been going 50 to catch up to my 40 but I was no where near 50. This sounds like entrapment. What should I do? I was by myself.

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