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  • Writer's pictureBrian Foley

Texas Penal Code 8.06 - Entrapment - Houston Criminal Defense Attorney

Navigating Section 8.06: Understanding Entrapment in Texas Criminal Defense

Howdy, everyone! Brian Foley here, your go-to Houston criminal defense attorney from Houston Criminal Defense Attorneys PLLC. Today, we're delving into Section 8.06 of the Texas Penal Code, exploring the intricacies of the defense of entrapment. So, buckle up as we decipher the legal nuances together.

Understanding Entrapment in Texas Law

Section 8.06 of the Texas Penal Code provides a defense to prosecution if the accused engaged in the alleged conduct due to inducement by a law enforcement agent using persuasion or other means likely to cause individuals to commit the offense. It's crucial to note that merely affording someone an opportunity to commit an offense does not constitute entrapment.

Most frequently, discussions around the entrapment defense arise in cases involving sting operations, particularly in the context of prostitution or drug-related offenses. Let's break down the key elements of this defense.

The Inducement Requirement

To successfully claim entrapment, one must demonstrate that law enforcement agents induced the accused to commit the offense through persuasion or other means likely to cause individuals to engage in criminal conduct. The focus is on the targeting of individuals who are otherwise law-abiding.

Targeting and Continuous Persuasion

The law requires more than merely offering an opportunity for criminal activity. Continuous targeting and hounding by law enforcement agents are essential elements for a valid entrapment defense. For instance, in a prostitution case, it's not enough for the police to advertise services—they must actively pressure and persuade the accused over an extended period.

Defining "Law Enforcement Agent"

Subsection B of Section 8.06 clarifies that a law enforcement agent includes personnel from state and local law enforcement agencies, as well as federal agencies. Importantly, it extends to any person acting in accordance with instructions from such agents. This broad definition covers scenarios where individuals not directly employed by the police are acting in collaboration with them.

Case Law: Hernandez vs. State

A pivotal case in understanding entrapment is Hernandez vs. State (2005). Procedurally, this case outlines how the defense can assert entrapment, allowing it to be raised at a pre-trial hearing. The defendant must establish beyond a reasonable doubt that they were entrapped for the judge to determine if entrapment is applicable. This procedural aspect is distinctive in criminal law, where most defenses are typically decided during the trial.

Consult with a Houston Criminal Defense Attorney

If you find yourself facing criminal charges or suspect entrapment, it's crucial to consult with an experienced attorney. Entrapment cases require a meticulous examination of the circumstances, and having a skilled legal professional by your side can make a significant difference.

Reach out to Houston Criminal Defense Attorneys PLLC at 713-731-7118 for a consultation. We're here to help you understand your case and explore potential defenses.


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