Entrapment occurs when law enforcement persuades someone to commit a crime they would not have committed otherwise. This defense can apply when officers use coercion, pressure, or deception beyond offering an opportunity to break the law.
In Washington, entrapment is a legal defense, but it requires proof that the idea and encouragement to commit the crime came from law enforcement, not the defendant.
Understanding entrapment under Washington law
Washington law defines entrapment under RCW 9A.16.070. To use this defense, you must show that law enforcement induced the crime and that you were not predisposed to commit it. Simply being given the chance to commit a crime does not qualify. The key factor is whether the officers’ actions were likely to convince a normally law-abiding person to engage in illegal activity.
When entrapment applies
Entrapment can be a defense in cases involving drug sales, prostitution stings, and other undercover operations. If an officer pressures, threatens, or persistently urges you to break the law, you may have grounds for an entrapment defense.
However, if you were already willing to commit the crime and law enforcement only provided an opportunity, entrapment does not apply. The court will look at your behavior before and during the interaction with officers to determine whether you were predisposed to commit the offense.
Proving entrapment in court
To successfully argue entrapment, you must provide evidence that law enforcement actively influenced your decision to commit the crime. This can include recorded conversations, witness testimony, or proof of excessive persuasion. The prosecution will likely argue that you were already inclined to break the law, making it essential to demonstrate that law enforcement’s involvement went beyond a simple opportunity.
Avoiding entrapment situations
Understanding your rights can help you avoid situations where entrapment might occur. If you feel pressured to commit a crime by someone claiming to be law enforcement, you should disengage and seek legal guidance. Recognizing entrapment tactics can prevent you from facing unnecessary legal trouble.