Entrapment requires what under the defense?

• A. Mere opportunity to commit the crime
• B. Active inducement by a public servant and lack of predisposition
• C. No inducement and a predisposition
• D. A confession to the crime

Answer: (B)

Entrapment centers on whether the government improperly induced you to commit a crime you wouldn’t have committed otherwise. The two essential elements are that a public servant actively induced you to commit the offense, and that you lacked predisposition to commit it prior to that inducement. If the officer or government agent merely provided an opportunity or if you were already inclined to commit the crime, entrapment isn’t established. A confession to the crime isn’t relevant to whether entrapment occurred. So the defense rests on the combination of active government inducement and lack of predisposition.