|
|
|
State Law
Federal Law
|
New York Penal Law Section 40.05 - Entrapment.Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 40.05 - Entrapment.
§ 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.
New York Lawyers
Last modified: July 30, 2006 |