In Texas, law enforcement has a duty to investigate and prevent crime. However, there is a critical legal line they cannot cross: they cannot create a crime that would not have otherwise occurred. This is called entrapment, and it is a powerful defense for individuals who are induced or persuaded by police to commit an offense.
We are seeing a significant increase in clients facing charges, particularly for prostitution, where undercover officers are not just catching people in the act but are actively suggesting and encouraging illegal activity. A person may think they are arranging a simple massage, only to find themselves arrested after an officer repeatedly suggests sexual acts.
If you believe you were pressured or talked into committing a crime by law enforcement, you need a defense attorney who understands how to prove entrapment under Texas Penal Code Section 8.06.
A gavel and a police badge on a scale of justice, symbolizing the conflict between law enforcement and entrapment.
The entrapment defense balances police investigation tactics against a person’s predisposition to commit a crime.
What is the Legal Definition of Entrapment in Texas?
The law of entrapment is codified in Texas Penal Code Section 8.06. The statute states that entrapment occurs if:
“(a) …a person commits an offense 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.”
In simpler terms, entrapment is a valid defense when:
- A law enforcement agent (like an undercover officer)
- Induces you to commit the crime
- Using persuasion or pressure that would likely cause a normally law-abiding person to agree.
The key distinction the law makes is between providing an opportunity and applying persuasion. An officer creating a profile on a website is providing an opportunity. But when that officer repeatedly suggests and pressures someone into illegal acts, they have likely crossed the line into entrapment.
Opportunity vs. Inducement: The Critical Difference
Understanding this difference is the foundation of an entrapment defense. The prosecution will argue you were “predisposed” to commit the crime and the officer merely gave you the chance.
- Legal Opportunity (Not Entrapment): An undercover officer posts an ad that says “Massage with happy ending available.” You respond and immediately agree to the illegal service. The officer did not pressure you; you were ready to commit the act.
- Illegal Inducement (Likely Entrapment): You respond to an ad for a legitimate massage. The undercover officer, acting as the masseuse, then repeatedly suggests sexual acts, downplays the legality, and persuades you after you initially hesitate or show no interest. This is inducement.
The Rise of Prostitution Stings and Entrapment
Many recent entrapment cases we handle involve online prostitution stings. The typical scenario unfolds like this:
- A person contacts a number or profile they believe is for a legitimate massage therapist.
- An undercover officer responds and begins a conversation.
- The person asks about a massage and price.
- The officer is the first to bring up sexual acts, saying things like, “For that price, we can include [sexual act],” or “This can be more than just a massage if you want.”
- The person, who was initially only seeking a massage, is now persuaded and agrees to the officer’s suggestions.
In this scenario, the officer did not just provide an opportunity; they were the active participant who introduced and encouraged the criminal intent.
How Do You Prove Entrapment in Court?
The burden of proof for entrapment has two steps. First, you must produce evidence that you were induced by a law enforcement agent. If you can do this, the burden then shifts to the prosecution to prove beyond a reasonable doubt that you were not entrapped—meaning you were already predisposed to commit the crime.
Evidence that can support an entrapment defense includes:
- Text messages or chat logs showing the officer was the first to suggest illegal activity.
- Recorded phone calls where the officer uses persuasive language.
- Testimony showing you were hesitant or only seeking a legal service.
- A lack of prior criminal history for similar offenses, suggesting you were not predisposed.
Entrapment Defense: FAQs
Is entrapment a common defense?
It is not the most common defense because the standard can be high to meet. However, in cases involving certain undercover operations like prostitution stings, it is becoming increasingly relevant when officers use aggressive tactics.
What if I have a prior record?
A prior record for a similar crime is the strongest evidence the prosecution will use to argue you were predisposed to commit the offense. However, it does not automatically defeat an entrapment claim. An experienced attorney can argue that even with a past record, the officer’s actions in this specific instance were still an illegal inducement.
Should I talk to the police if I think I was entrapped?
Absolutely not. Do not try to explain your side of the story to the officers. They are not on your side. Anything you say will be used to argue that you were predisposed to commit the crime. Invoke your right to remain silent and contact an attorney immediately.
Plano Entrapment Defense Attorney
Raising an entrapment defense requires a sophisticated understanding of the law and a willingness to aggressively challenge the actions of law enforcement. Many attorneys are quick to push for a plea bargain rather than fight these complex battles.
At Starr Law, P.C., we are not plea bargain lawyers. We are trial attorneys. If the evidence shows that police officers overstepped their bounds and illegally induced you to commit a crime, we will not hesitate to take your case before a judge and jury. With over 28 years of criminal defense experience in Collin County, we know how to investigate, gather evidence, and build a powerful entrapment defense tailored to the specifics of your case.
If you were arrested after being persuaded by an undercover officer, your freedom and reputation are at stake.
Contact Starr Law, P.C. today for a free and confidential consultation to discuss your case. Call us at 214-982-1408.
References
- Texas Penal Code, Section 8.06. Entrapment
