entrapment

Entrapment is an affirmative defense where a defendant claims that law enforcement or a state agent induced them to commit a criminal act they otherwise would not have committed. 

States vary in how they define and apply the entrapment defense through statutes and case law. Under the subjective test, which is used in many jurisdictions, two elements must typically be shown:

  1. The defendant lacked a predisposition to commit the crime.
  2. The government induced the defendant to commit it.

See e.g., Fla. Stat. § 777.201, Jacobson v. United States, 503 U.S. 540 (1992) and Munoz v. State, 629 So. 2d 90 (Fla. 1993).

See also: The Entrapment Defense in Criminal Law Cases by Justia

[Last reviewed in July of 2025 by the Wex Definitions Team] 

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