What Is Entrapment In Colorado?

Entrapment is a legal defense in Colorado, as in many other jurisdictions, that can be used by a defendant in a criminal case to argue that they should not be held liable for their actions because law enforcement officials induced them to commit a crime they would not have otherwise committed.

The defense of entrapment in Colorado is based on the premise that it is unfair and unjust for the government to coerce or persuade someone into committing a crime and then prosecute them for it.

Legal Definition and Elements Of Entrapment

In Colorado, the entrapment defense is codified under Colorado Revised Statutes § 18-1-709. This statute states:

A person is not guilty of an offense if his or her conduct is incited or induced by a law enforcement officer or any person acting in cooperation with such an officer for the purpose of obtaining evidence for the prosecution of such person. However, this defense is unavailable if the person was predisposed to commit the offense and the officer or person merely afforded him or her an opportunity to commit it.

To successfully claim entrapment, the defendant must show the following:

1. Inducement by Law Enforcement: The defendant must demonstrate that they were induced or persuaded by law enforcement officers or their agents to commit the crime. This inducement can involve various tactics, such as persuasion, fraud, threats, coercion, or even excessive temptation.
2. Lack of Predisposition: The defendant must also show that they were not predisposed to commit the crime. This means that, prior to the inducement, the defendant had no intention or inclination to engage in the criminal conduct. Evidence of predisposition might include the defendant’s past criminal record, behavior, or statements indicating a readiness to commit the crime.

Key Concepts in Entrapment Defense

Inducement

Inducement refers to actions taken by law enforcement to persuade or coerce an individual into committing a crime. It can include aggressive tactics, repeated requests, or significant financial incentives. Simply providing an opportunity to commit a crime, such as setting up a sting operation, is not considered inducement unless it involves undue pressure or manipulation.

Predisposition

Predisposition assesses whether the defendant was likely to commit the crime without law enforcement’s involvement. Courts will look at the defendant’s background, prior criminal behavior, and willingness to engage in similar conduct. If the prosecution can show that the defendant was ready and willing to commit the crime, the entrapment defense is likely to fail.

Objective vs. Subjective Tests

In evaluating entrapment, jurisdictions can use either an objective or subjective test. Colorado primarily uses the subjective test, focusing on the defendant’s state of mind and predisposition. However, aspects of the objective test, which looks at the behavior of law enforcement and whether it would have induced a normally law-abiding person to commit the crime, can sometimes be considered.

Burden of Proof

In Colorado, once the defendant presents some evidence of entrapment, the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to commit the crime. This means that the prosecution must show that the defendant was inclined to commit the offense independently of any inducement by law enforcement.

Practical Implications

Entrapment is a complex defense that requires careful analysis of both law enforcement conduct and the defendant’s predisposition. Defense attorneys must gather substantial evidence to demonstrate that their client was not predisposed to commit the crime and that law enforcement’s actions went beyond merely providing an opportunity.

Defense Strategies

Defense attorneys often use the following strategies to support an entrapment claim:

• Witness Testimony: Testimonies from individuals who can speak to the defendant’s character and lack of criminal intent.
• Law Enforcement Conduct: Evidence of how law enforcement officers or their agents interacted with the defendant, highlighting any coercive or manipulative tactics.
• Defendant’s Background: Information about the defendant’s past behavior and lack of criminal history related to the charged offense.

Prosecution Strategies

Prosecutors counter the entrapment defense by:

• Showing Predisposition: Presenting evidence of the defendant’s past criminal behavior or statements indicating a willingness to commit the crime.
• Lawful Tactics: Demonstrating that law enforcement acted within legal bounds and did not use undue pressure or coercion.

Entrapment Is A Complex Crime To Defend

Entrapment in Colorado is a viable defense but requires a nuanced understanding of both statutory provisions and case law. The defense hinges on proving that law enforcement induced the defendant to commit a crime they were not predisposed to commit. 

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