Entrapment Defenses in Georgia

Entrapment Defenses in Georgia

Entrapment is a legal defense that can be used when a person was induced to commit a criminal offense by law enforcement. If successful, it may lead to a dismissal of charges. This article will provide an overview of entrapment laws and defenses in Georgia.

What is Entrapment?

Entrapment occurs when law enforcement induces someone to commit a crime they otherwise wouldn’t have committed. For example, an undercover officer repeatedly asks someone to sell them illegal drugs. Even though the person refused at first, they eventually agree after being pressured.

Georgia law defines entrapment as when a government agent (like an undercover cop) originates the idea for the crime and uses persuasion or deceit to get the defendant to commit it[1]. The key is that the defendant must not have been predisposed to commit the crime beforehand.

Entrapment is an affirmative defense, meaning the defendant is admitting the crime occurred but argues they should not be held criminally liable due to the entrapment[2].

Elements of an Entrapment Defense in Georgia

There are three main elements that must be shown to prove entrapment in Georgia[1][3]:

1. The idea for the crime originated with the government agent, not the defendant.
2. The government agent induced the crime through persuasion or deceit.
3. The defendant was not already predisposed to commit the crime.

The predisposition of the defendant is the most important part. Even if a government agent persuades someone to commit a crime, it is not entrapment if the person was already willing to do it[2].

Examples of Entrapment

Here are some examples of how entrapment has been argued in Georgia cases:

• A man approached an undercover officer offering to commit a murder-for-hire. The officer worked with him to create a plan to kill his wife. The man later tried to claim entrapment, but the court rejected this since the idea for the crime originated with the defendant, not the officer[2].
• An officer repeatedly asked a recovering drug addict to help him buy drugs, claiming he was going through withdrawals. The addict eventually agreed after refusing initially. He was able to successfully argue entrapment since the officer originated and induced the crime[6].
• A drug dealer sold drugs to an undercover officer when he hadn’t planned to. He tried to claim entrapment but failed since his history of selling drugs showed a predisposition for the crime[6].

How to Prove Entrapment in Georgia

Proving entrapment requires showing:

• There is evidence the government agent first suggested the criminal act, such as records of conversations.
• The government agent used persuasion or pleas to sympathy, like begging someone for drugs.
• The defendant lacked a criminal history or reputation related to the crime, showing no predisposition.
• The defendant at first resisted or refused the government agent’s requests to commit the crime.
• The defendant only agreed after prolonged pressure or coercion from the agent[4].

If there is evidence supporting these factors, an experienced criminal defense lawyer can argue entrapment at trial or in pretrial motions to get charges dismissed.

What Happens When Entrapment is Claimed?

By claiming entrapment, the defendant is admitting to committing the criminal act. This narrows the issues down to whether entrapment occurred or not[5].

If a defendant establishes a prima facie (basic) case for entrapment, the burden shifts to the prosecution to prove beyond a reasonable doubt that entrapment did not occur[6]. So the prosecution must show the defendant was predisposed to commit the crime.

A defendant can also claim they did not commit the crime at all, while still arguing entrapment as an alternative defense in case they are found guilty anyway[6].

Using Entrapment in Sex Crime Stings

Entrapment defenses have become more common in sex crime stings conducted online[5]. This typically involves an undercover officer posing as a minor on dating apps or chat rooms.

To argue entrapment, the defense would need to show:

• The undercover officer initiated the conversations about meeting up or engaging in sexual acts.
• The officer used persuasion like repeatedly asking to meet up after being declined.
• The defendant had no history of trying to meet up with minors beforehand.
• The defendant was reluctant at first and only agreed to meet after pressure.

Proving the defendant was entrapped by the sting operation could potentially lead to charges being reduced or dismissed. But it is a complex legal strategy that requires an experienced sex crimes lawyer.

When is it Not Entrapment?

There are some key situations that do NOT qualify as entrapment under Georgia law:

• Simply providing an opportunity to commit a crime is not entrapment. For example, an undercover officer posing as a drug buyer is not entrapment[2].
• It is not entrapment if the defendant was already actively looking to commit the crime, showing a predisposition for it[4].
• Using normal persuasion is not entrapment. The officer must use excessive incitement, pleas, or coercion[1].
• If the defendant readily agreed to commit the crime without reluctance, entrapment is difficult to prove[2].
• Entrapment is not a valid defense in attorney disciplinary cases[1].

Consulting an Attorney About Using This Defense

Entrapment can be a complex defense to pursue. An experienced Georgia criminal defense lawyer can assess if entrapment could apply to your case after reviewing the details of the alleged crime and the conduct of the government agents. They can also handle filing the appropriate pretrial motions and arguing entrapment at trial. It is important to have legal representation to effectively demonstrate this defense in court.

References

[1] https://law.justia.com/codes/georgia/2020/title-16/chapter-3/article-2/section-16-3-25/

[2] https://www.georgiacriminallawyer.com/entrapment

[3] https://law.justia.com/codes/georgia/2010/title-16/chapter-3/article-2/16-3-25

[4] https://www.bigdawglaw.com/blog/2021/09/entrapment-what-georgia-law-says-about-it/

[5] https://www.georgiacriminallawyer.com/entrapment-defense-in-georgia-sex-crime-cases

[6] https://wosniklaw.com/blog/entrapment-defenses-to-crimes-in-georgia-pt-2/