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This entry was published on 2014-09-22
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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.