What Is Entrapment, and Can It Be a Defense in Washington?

Entrapment is a powerful but often misunderstood legal defense in Washington criminal law. It applies when law enforcement goes beyond simply providing an opportunity to commit a crime and instead pressures or persuades someone into committing an offense they would not have committed on their own. If proven, entrapment can lead to dismissal of criminal charges.

Understanding Entrapment Under Washington Law

Entrapment occurs when the idea to commit a crime originates with law enforcement or someone acting on their behalf, and the defendant is persuaded or pressured to go along with it. Washington codifies this defense in RCW 9A.16.070, which states that entrapment exists when a person is “lured or induced to commit a crime which the actor had not otherwise intended to commit.”

In other words, the defense applies only when the criminal conduct would not have occurred but for the government’s improper influence. It is not enough that police created an opportunity—the defendant must show that they were not predisposed to commit the crime.

The Two Core Elements of Entrapment

To successfully claim entrapment in Washington, the defense must raise evidence of two elements:

First, the government must have induced the defendant to commit the offense. Inducement may involve repeated requests, emotional manipulation, fraudulent promises, or other pressure that goes beyond merely offering an opportunity.

Second, the defendant must not have been predisposed to commit the crime. This means the person had no prior intent or inclination to engage in the criminal activity before the government’s involvement. If the prosecution can show that the defendant was already ready and willing to commit the offense, the entrapment defense will fail.

Examples of Entrapment Versus Lawful Police Conduct

Consider a situation where an undercover officer repeatedly pressures a reluctant individual into selling drugs, promising large amounts of money and appealing to the person’s financial desperation. If the person had no history of drug dealing and initially resisted, this could support an entrapment defense.

On the other hand, if a defendant freely agrees to sell drugs when approached once by an undercover officer and has done so before, the court will likely find no entrapment—even if the officer initiated contact. Courts draw a clear line between unlawful inducement and permissible undercover operations.

How Entrapment Is Proven in Court

In Washington, once a defendant raises the issue of entrapment with some supporting evidence, the burden shifts to the prosecution. The State must prove beyond a reasonable doubt that the defendant was not entrapped.

This typically involves examining the actions of the police and the background of the defendant. Courts will consider whether the defendant had a criminal history, showed eagerness to commit the crime, or needed little persuasion. If the court finds that the government initiated the conduct and the defendant was not predisposed, the defense may prevail.

When Entrapment Can Lead to Dismissal

Entrapment is a complete defense. If it is established at trial, it results in the dismissal of the charge. This makes it a high-stakes argument that should be carefully prepared and supported by evidence.

It is most often raised in cases involving undercover investigations—such as drug stings, prostitution operations, or internet-based solicitations. In these cases, where law enforcement may act aggressively to elicit criminal behavior, there is a heightened risk that officers may overstep and create crimes rather than investigate existing ones.

Because entrapment requires a nuanced understanding of police conduct and defendant behavior, it is not a defense to be raised lightly. A skilled defense attorney will review communications, surveillance footage, and police reports to determine whether government agents crossed the line.

Raising the defense early in the case can influence plea negotiations or lead to pretrial motions to dismiss. In other cases, the question of entrapment may go to the jury as part of the trial strategy.

Entrapment is a complex but powerful defense in Washington criminal cases. If the idea for the crime originated with law enforcement and you were pressured into going along with it, you may have grounds to challenge the charges. But these defenses require a careful legal approach, detailed investigation, and a deep understanding of the facts.

If you believe you may have been entrapped, consult with an experienced Washington criminal defense attorney right away.

Contact the Law Office of Erin Bradley McAleer

At the Law Office of Erin Bradley McAleer, we protect the rights of individuals accused of crimes throughout Washington. Our team understands how to identify improper law enforcement conduct and build strong defenses based on the facts of your case.

If you think you were pressured or manipulated into committing a crime, contact us today to schedule a confidential consultation. Let’s discuss your defense options and fight for your future.