Does a Sting Operation in Texas Constitute Entrapment?

Sting operations make for good TV if you are watching a show like “To Catch a Predator.” However, defendants often ask whether they are fairways for apprehending suspects.

Like many other states, Texas police run plenty of sting operations. They may be geared to catching online predators using sites like BackPage.com, drug dealers or johns using prostitutes.

Frequently, those picked up in these operations will say they were set up. They won’t always be successful but sting operations do raise constitutional questions and can contain loopholes that lead to acquittals.

Sting operations can cross a line when instead of offering an opportunity to a potential defendant they actively coerce the defendant into committing a crime. That’s when the defense of entrapment comes into play.

The Defense Of Entrapment

The Texas Penal Code described how inducing someone to commit a crime is a valid defense. It states.

“It is a defense to prosecution that the actor engaged in the conduct charged 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.”

The defense applies to state or local law enforcement agencies.

Entrapment is, nevertheless, an affirmative offense. That means the burden falls on the defendant to prove that entrapment occurred. He or she must prove that:

• Law enforcement agents actively approached the defendant and introduced the idea of committing a criminal offense.
• The defendant had not been willing to commit the crime before the approach and,
• Police or law enforcement agents did considerably more than merely provide an opportunity to the defendant. They played a part in persuading or even coercing the defendant to commit the crime, possibly by dubious conduct.

If you believe you have been part of entrapment and a police officer persuaded you to commit a crime you would not otherwise have committed, you may be able to bring a valid defense.

It’s important to hire a criminal defense attorney who can make a powerful case on your behalf.  Gary Medlin has 33 years’ experience of criminal law practice. Before he became a criminal defense attorney, Gary Medlin served as assistant district attorney for more than eight years.

Contact our Fort Worth, criminal defense attorneys, today for a free consultation at (682) 204-4066.

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