Entrapment

Oklahoma Jury Instruction - CR 8-25

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.

Oklahoma Case Law

Under Oklahoma law, “[o]ne who is instigated, induced, or lured by officer of law or other person, for the purpose of prosecution, into commission of crime which he had otherwise no intention of committing may avail himself of defense of entrapment.”  Leech v. State, 66 P.3d 987, 989 (Okla. Crim. App. 2003) quoting Robinson v. State, 1973 OK CR ¶ 11, 507 P.2d 1296, 1299, overruled on other grounds in McInturff v. State, 1976 OK CR 226, 554 P.2d 837.  Case law provides for two types of entrapment: Sentencing entrapment and traditional entrapment.

Sentencing Entrapment

Sentencing entrapment occurs when a defendant who may be predisposed into committing a lesser crime, commits a more serious crime due to actions taken by law enforcement.  Id. at 989.   This applies to situations where one who may be predisposed to criminal activity is enticed into committing as greater crime of the same general character.  Id. at 990. The most obvious example is when a drug addict attempts to buy drugs from an officer posing as a dealer, and the officer talks the buyer into purchasing trafficking weight. This would naturally increase the sentencing range and potential punishment of the purchaser.  

Affirmative Defense

It is the burden of the State to prove beyond a reasonable doubt that no entrapment occurred. If the jury finds that the State has failed to sustain that burden, then the defendant must be found not guilty.

Once the defense of entrapment is properly raised, the burden of proving the nonexistence of the defense and the predisposition of the defendant rests on the State, and the jury must be so instructed. McInturff v. State, 554 P.2d 837 (Okl. Cr. 1976); Striplin v. State, 499 P.2d 446 (Okl. Cr. 1972). Note that Watson v. State, 382 P.2d 449 (Okl. Cr. 1962) and Robinson v. State, 507 P.2d 1296 (Okl. Cr. 1973), were specifically overruled on the issue of burden of proof by McInturff, supra.

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Criminal charges in Oklahoma require an aggressive defense.  No matter the charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face.  When defending criminal charges, it is necessary to obtain representation quickly.  Many times the best outcome is formulated and negotiated early in the process.  The longer you wait to hire a criminal defense attorney  the greater the stress and the greater the advantage to the prosecution.

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