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Entrapment in Oklahoma Criminal Law

Entrapement is a defense in Oklahoma criminal law that is available even though a defendant may have committed the acts that violate the law, the defendant is not held criminal responsible because the defendant was induced to commit the crime by government agents. The defense is available because as a matter of policy we do not want governmnet agents persuading otherwise innocent citizens in to violating the law when they had no predisposition to do so.

OUJI-CR 8-25

DEFENSE OF ENTRAPMENT - REQUIREMENTS

Where a person has no previous intent or purpose to violate the law, but is induced or persuaded by law enforcement officers to commit a crime, he/she is entitled to the defense of entrapment, because the law as a matter of policy forbids a conviction in such a case.

On the other hand, where a person already has the readiness and willingness to break the law, the mere fact that a police officer provides what appears to be a favorable opportunity is no defense.

If you should find from the evidence that, before anything at all occurred respecting the alleged offense involved in this case, the defendant was ready and willing to commit a crime such as that charged in the information whenever opportunity was offered and the police merely offered the opportunity, the defendant is not entitled to the defense of entrapment.

If, on the other hand, you should find that the defendant had no previous intent or purpose to commit any offense of the character here charged, and did so only because he/she was induced or persuaded by some agent of the police, then the government has seduced an innocent person, and the defense of entrapment is a good defense.

(See Oklahoma Uniform Jury Instructions CR-8-25 Entrapment)

Once a defendant raises enough evidence to raise the issue of entrapment it is the government's burden to prove beyond a reasonable doubt that no entrapment occured. (See Oklahoma Uniform Jury Instructions CR-8-26)

Return to the Oklahoma Criminal Law Guide

Kevin D Adams, Attorney at Law
417 West 7th Street, Suite 202 Tulsa, Oklahoma 74119
Phone: 918 582 1313