Entrapment may be a viable legal defense for defendants in Kentucky when law enforcement involvement prompts someone to commit a crime they otherwise weren’t likely to commit. Entrapment does not cover every interaction between the police and a potential suspect.
Just because law enforcement presents someone with a chance to break the law doesn’t automatically mean entrapment has occurred. Under Kentucky law, more is required than police offering or “tempting” someone to commit an illegal act.
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Requirements of Entrapment Under Kentucky Law
To successfully use entrapment as a defense under KRS 505.010(1), two main criteria must be met:
Inducement or Encouragement by Law Enforcement
The police, another public servant, or someone working with law enforcement, like an informant, must have induced or encouraged the defendant to engage in the conduct for the purpose of gathering evidence for prosecution.
This means law enforcement involvement was not passive or random. It must involve more than simply giving someone an ordinary opportunity to commit a crime.
No Existing Disposition
At the time of this interaction, the defendant was not already prepared to commit this kind of crime on their own.
Both points are essential. Missing either requirement means the entrapment defense usually fails.
What Does It Mean to Be “Induced or Encouraged” by Law Enforcement?
This means the officers or their agents did more than just provide an opportunity for someone to commit a crime. They must have played an active and purposeful role in persuading, pressuring, or encouraging the person.
For example, an undercover officer repeatedly asks someone to sell them prescription pills. The person says no several times, explaining they don’t sell drugs. The officer keeps returning over a few weeks, tells them a story about being in serious pain and needing pills but not being able to see a doctor, and eventually the person gives in and sells them the pills.
That kind of sustained pressure may go well beyond simply offering someone an opportunity to commit a crime.
What Does It Mean to Be “Not Otherwise Disposed” to Commit the Crime?
The second requirement looks at the defendant’s actions, motives, and state of mind before law enforcement or an agent became involved.
Kentucky courts may look at several possible factors here:
- Did the defendant initially resist, hesitate, or express disinterest or moral reservations? If the defendant was reluctant, this may work in their favor.
- Who first introduced the idea? If it were the police or their agent, entrapment may be more likely to apply.
- Was the accused already searching for an opportunity to commit the specific crime in question? Evidence could include emails, texts, conversations, prior attempts, or personal background.
These facts help show whether the criminal idea came from the defendant or from pressure by law enforcement.
Entrapment is very fact-specific. Any time someone raises this defense, there needs to be a close review of what happened before, during, and after law enforcement became involved.
In What Situations Can Entrapment Be Used Successfully?
Entrapment may apply in several types of criminal cases, depending on the facts.
Common charges where this defense might be raised include:
- Drug crimes: Police or informants persuading someone who would not ordinarily sell or buy drugs to become involved in a drug transaction
- Prostitution or solicitation: Officers encouraging or pressuring someone who was not looking for this kind of conduct to go along with it
- Theft, fraud, bribery, or property offenses: Law enforcement pushing someone to steal, take bribes, shoplift, or commit low-level fraud when they were not planning to and otherwise would not have done it
In each situation, the focus is not just on the type of charge. The question is whether the person was induced to commit an offense they were not already inclined to commit.
Are There Crimes Where Entrapment Is Not Available?
Kentucky law puts limits on when someone can claim entrapment. It is not a valid defense when physical injury, or the threat of physical injury, is an element of the offense charged, and the prosecution is based on injury or threats of injury to someone other than the person who allegedly entrapped the defendant.
For example, if someone is accused of assaulting or threatening a person who had nothing to do with the police investigation, entrapment generally will not apply. In these cases, the law places greater weight on public safety and the harm caused to others.
Can an Undercover Police Officer Lie to You?
It can be surprising, but the fact that a police officer pretended to be someone else or hid their true identity does not automatically make a case entrapment. Undercover tactics are common in many investigations.
The real question is whether the defendant was persuaded or induced into doing something they otherwise would not have done. A lie by an undercover officer may be part of the larger story, but it usually is not enough by itself.
Contact Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation With a Louisville Criminal Defense Lawyer Today
Entrapment in Kentucky can be a useful defense in some situations, but it is not easy to prove, and there are clear limits on when it can be used. The details are important, including who first suggested the crime, what law enforcement did, and whether the accused person was already disposed to commit the offense.
If you have questions about whether entrapment may apply in your case, Suhre & Associates DUI and Criminal Defense Lawyers can help you review what happened and understand your options. Call today at (502) 371-7000 to schedule a free case evaluation with a Louisville criminal defense attorney.