Legislation
SECTION 40.05
Entrapment
Penal (PEN) CHAPTER 40, PART 1, TITLE C, ARTICLE 40
§ 40.05 Entrapment.
In any prosecution for an offense, it is an affirmative defense that
the defendant engaged in the proscribed conduct because he was induced
or encouraged to do so by a public servant, or by a person acting in
cooperation with a public servant, seeking to obtain evidence against
him for purpose of criminal prosecution, and when the methods used to
obtain such evidence were such as to create a substantial risk that the
offense would be committed by a person not otherwise disposed to commit
it. Inducement or encouragement to commit an offense means active
inducement or encouragement. Conduct merely affording a person an
opportunity to commit an offense does not constitute entrapment.
In any prosecution for an offense, it is an affirmative defense that
the defendant engaged in the proscribed conduct because he was induced
or encouraged to do so by a public servant, or by a person acting in
cooperation with a public servant, seeking to obtain evidence against
him for purpose of criminal prosecution, and when the methods used to
obtain such evidence were such as to create a substantial risk that the
offense would be committed by a person not otherwise disposed to commit
it. Inducement or encouragement to commit an offense means active
inducement or encouragement. Conduct merely affording a person an
opportunity to commit an offense does not constitute entrapment.