entrapment instruction in Washington

46 Washington opinions name it 2 courts 1939–2026 6 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

Case	Followed	Cited
Mathews v. United Statesgreen scotus · 1988 · cited in 5 Washington opinions naming this issue, 1993–2019 2 sentences 2019In Mathews, the Supreme Court held that a defendant can assert the inconsistent affirmative defense of entrapment while also denying the commission of the offense as long as the entrapment defense was supported by sufficient evidence. 485 U.S. at 63 . 2007App. at 837 ; see also Mathews, 485 U.S. at 62 (holding that “even if the defendant denies one or more elements of the crime, he is entitled to an entrapment instruction whenever there is sufficient evidence from which a reasonable jury could find entrapment”).	3	5
State v. Smithgreen wash · 1984 · cited in 5 Washington opinions naming this issue, 1986–2022 2 sentences 2020SUFFICIENT EVIDENCE SUPPORTED GIVING AN ENTRAPMENT INSTRUCTION A. The trial court erred in considering only whether the undercover officer used more than the “normal amount of persuasion.” “Both by statute and court decision, the entrapment defense focuses on ‘the intent or predisposition of the defendant to commit the crime.’” Smith, 101 Wn.2d at 42 (quoting Hampton v. United States, 425 U.S. 484, 488 , 96 S. Ct. 1646 , 48 L. 2020See id. and see Smith, 101 Wn.2d at 42-43 (“A police informant’s use of ‘a normal amount of persuasion to overcome’ and ‘expected resistance’ to sell drugs ‘does not constitute entrapment and will not justify an entrapment instruction.’” (quoting Waggoner, 80 Wn.2d at 11 )). 13 Lysergic acid diethylamide. 38 No. 36250-7-III State v. Arbogast No Washington decision has analyzed a “normal amount of persuasion” that induces adults to rape children.	2	5
State v. Waggonergreen wash · 1971 · cited in 3 Washington opinions naming this issue, 1976–2020 2 sentences 2020See id. and see Smith, 101 Wn.2d at 42-43 (“A police informant’s use of ‘a normal amount of persuasion to overcome’ and ‘expected resistance’ to sell drugs ‘does not constitute entrapment and will not justify an entrapment instruction.’” (quoting Waggoner, 80 Wn.2d at 11 )). 13 Lysergic acid diethylamide. 38 No. 36250-7-III State v. Arbogast No Washington decision has analyzed a “normal amount of persuasion” that induces adults to rape children. 2020See id. and see Smith, 101 Wn.2d at 42-43 (“A police informant’s use of ‘a normal amount of persuasion to overcome’ and ‘expected resistance’ to sell drugs ‘does not constitute entrapment and will not justify an entrapment instruction.’” (quoting Waggoner, 80 Wn.2d at 11 )). 13 Lysergic acid diethylamide. 38 No. 36250-7-III State v. Arbogast No Washington decision has analyzed a “normal amount of persuasion” that induces adults to rape children.	2	3
Boyde v. Californiagreen scotus · 1990 · cited in 2 Washington opinions naming this issue, 1998–1998 2 sentences 1998See Boyde v. California, 494 U.S. 370, 380 , 110 S.Ct. 1190 , 108 L.Ed.2d 316 (1990). 1998See Boyde v. California, 494 U.S. 370, 380 , 110 S.Ct. 1190 , 108 L.Ed.2d 316 (1990).	2	2
State v. Trujillogreen washctapp · 1994 · cited in 8 Washington opinions naming this issue, 1998–2024 2 sentences 2023Two years later, Division One disavowed Galisia in Trujillo, holding that in order to be entitled to an entrapment instruction “a defendant must present evidence which would be sufficient to permit a reasonable juror to conclude that the defendant has established the defense of entrapment by a preponderance of the evidence.” Trujillo, 75 Wn. 2020To be entitled to an entrapment instruction, “a defendant must present evidence which would be sufficient to permit a reasonable juror to conclude that the defendant has established the defense of entrapment by a preponderance of the evidence.” State v. Trujillo, 75 Wn.	1	8
State v. Livelygreen wash · 1996 · cited in 4 Washington opinions naming this issue, 2020–2022 2 sentences 2022Smith, 101 Wn.2d at 43 ; Lively, 130 Wn.2d at 10 . 2020Because we affirm the denial of the entrapment instruction on other grounds, we need not address this contention. 9 No. 81834-1-I/10 government conduct itself amounted to criminal activity or conduct ‘repugnant to a sense of justice.’” Lively, 130 Wn.2d at 22 (quoting People v. Isaacson, 44 N.Y.2d 511 , 378 N.E.2d 78 , 406 N.Y.S.2d 714 , 719 (1978)).	1	4
State v. Graygreen wash · 1966 · cited in 4 Washington opinions naming this issue, 1994–2020 2 sentences 1994An officer’s use "of a normal amount of persuasion to overcome this expected resistance [to selling drugs] does not constitute entrapment and will not justify an entrapment instruction.” State v. Waggoner, 80 Wn.2d 7, 11 , 490 P.2d 1308 (1971); see also State v. Smith, 101 Wn.2d 36, 42-43 , 677 P.2d 100 (1984). "[A]n officer may, when acting in good faith, make use of deception, trickery or artifice.” State v. Gray, 69 Wn.2d 432, 434 , 418 P.2d 725 (1966). 1994An officer’s use "of a normal amount of persuasion to overcome this expected resistance [to selling drugs] does not constitute entrapment and will not justify an entrapment instruction.” State v. Waggoner, 80 Wn.2d 7, 11 , 490 P.2d 1308 (1971); see also State v. Smith, 101 Wn.2d 36, 42-43 , 677 P.2d 100 (1984). "[A]n officer may, when acting in good faith, make use of deception, trickery or artifice.” State v. Gray, 69 Wn.2d 432, 434 , 418 P.2d 725 (1966).	1	4
In re Meippengreen wash · 2019 · cited in 1 Washington opinions naming this issue, 2023–2023 2 sentences 2023See Meippen, 193 Wn.2d at 315-17 (actual and substantial prejudice standard is higher than “some evidence”). 2023See Meippen, 193 Wn.2d at 317 (merely showing that an error created a possibility of prejudice is insufficient for collateral relief).	1	1
United States v. Rafael Perez-Leon & Juan Gonzalezgreen ca7 · 1985 · cited in 1 Washington opinions naming this issue, 2020–2020	1	1
State v. Rundquistgreen washctapp · 1995 · cited in 1 Washington opinions naming this issue, 1996–1996	1	1
United States v. Joe Fedroff. Appeal of Joseph Fedroffgreen ca3 · 1989 · cited in 1 Washington opinions naming this issue, 1993–1993	1	1
State v. Andersongreen washctapp · 1976 · cited in 1 Washington opinions naming this issue, 1979–1979	1	1
United States v. Jerry Lee Hendricksgreen ca9 · 1972 · cited in 1 Washington opinions naming this issue, 1974–1974	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (41)

Case	Cited	Years
State v. Galisia green washctapp · 1992 2 sentences 2024First, the court noted that in order to be entitled to an entrapment instruction, the defendant must “ ‘admit facts which, if proved, would constitute [a] crime.’ ” Id., slip op. at 22 (quoting State v. Galisia, 63 Wn. 2023SUMMARY OF RELEVANT CASE LAW In State v. Galisia, Division One of this court held that to be entitled to an entrapment instruction the defendant had to produce “some evidence” to support the instruction.3 63 Wn.	11	1993–2024
State v. Ross green washctapp · 1994 2 sentences 2022App. 913 , 883 P.2d 329 (1994), (2) it held that Arbogast’s lack of criminal history was admissible under ER 404, and (3) it held Arbogast presented sufficient evidence of inducement entitling him to an entrapment instruction. 2021In Trujillo, Division I rejected the typical “some” or “substantial” evidence standard for obtaining instruction on an affirmative defense, instead holding that “to entitle a defendant to an entrapment instruction . . . a defendant must present evidence which would be sufficient to permit a reasonable juror to conclude that the defendant has established the defense of entrapment by a preponderance of the evidence.” Id. at 917 .	6	1994–2022
State v. Draper green washctapp · 1974 2 sentences 2020App. 802, 806 , 521 P.2d 53 (1974)] thus do not require a defendant to admit either the crime itself or all the elements of a crime before being entitled to an entrapment instruction. 2007App. 802 , 521 P.2d 53 (1974), may require a defendant to admit the charged acts, they do not require admission of “the crime itself or all the elements of a crime before being entitled to an entrapment instruction.” Galisia, 63 Wn.	5	1993–2020
Hampton v. United States green scotus · 1976 2 sentences 2020SUFFICIENT EVIDENCE SUPPORTED GIVING AN ENTRAPMENT INSTRUCTION A. The trial court erred in considering only whether the undercover officer used more than the “normal amount of persuasion.” “Both by statute and court decision, the entrapment defense focuses on ‘the intent or predisposition of the defendant to commit the crime.’” Smith, 101 Wn.2d at 42 (quoting Hampton v. United States, 425 U.S. 484, 488 , 96 S. Ct. 1646 , 48 L. 2020SUFFICIENT EVIDENCE SUPPORTED GIVING AN ENTRAPMENT INSTRUCTION A. The trial court erred in considering only whether the undercover officer used more than the “normal amount of persuasion.” “Both by statute and court decision, the entrapment defense focuses on ‘the intent or predisposition of the defendant to commit the crime.’” Smith, 101 Wn.2d at 42 (quoting Hampton v. United States, 425 U.S. 484, 488 , 96 S. Ct. 1646 , 48 L.	3	1984–2020
State v. Ziegler green washctapp · 1978 2 sentences 1996State v. Ziegler, 19 Wn. 1996State v. Ziegler, 19 Wash.App. 119 , 575 P.2d 723 (1978).	3	1994–1996
State of Washington v. Douglas Virgil Arbogast green washctapp · 2020 2 sentences 2022Id. at 873 (citing State v. Knapstad, 107 Wn.2d 346, 356-57 , 729 P.2d 48 (1986); Cornwell v. Microsoft Corp., 192 Wn.2d 403 , 410-13, 430 P.3d 229 (2018)). 2022Arbogast, 15 Wn.	2	2021–2022
State v. Roberts green wash · 1977 2 sentences 2022Id. (citing State v. McCullum, 98 Wn.2d 484, 488 , 656 P.2d 1064 (1983) (plurality opinion); State v. Roberts, 88 Wn.2d 337, 345-46 , 562 P.2d 1259 (1977)). 2022Id. (citing State v. McCullum, 98 Wn.2d 484, 488 , 656 P.2d 1064 (1983) (plurality opinion); State v. Roberts, 88 Wn.2d 337, 345-46 , 562 P.2d 1259 (1977)).	2	1992–2022
State v. McCullum green wash · 1983 2 sentences 2022Id. (citing State v. McCullum, 98 Wn.2d 484, 488 , 656 P.2d 1064 (1983) (plurality opinion); State v. Roberts, 88 Wn.2d 337, 345-46 , 562 P.2d 1259 (1977)). 2022Id. (citing State v. McCullum, 98 Wn.2d 484, 488 , 656 P.2d 1064 (1983) (plurality opinion); State v. Roberts, 88 Wn.2d 337, 345-46 , 562 P.2d 1259 (1977)).	2	1992–2022
In re the Personal Restraint of Cross green wash · 2014 2 sentences 2016Restraint of Cross, 180 Wn.2d 664, 718 , 327 P.3d 660 (2014). 24 No. 45971-0-II Because Lopez-Ortiz was not entitled to an entrapment instruction, as discussed above, his counsel did not perform deficiently when he did not request such an instruction. 2016Restraint of Cross, 180 Wn.2d 664, 718 , 327 P.3d 660 (2014). 24 No. 45971-0-II Because Lopez-Ortiz was not entitled to an entrapment instruction, as discussed above, his counsel did not perform deficiently when he did not request such an instruction.	2	2016–2016
State v. Huynh green washctapp · 2013 2 sentences 2016State v. Huynh, 175 Wn. 2016State v. Huynh, 175 Wn.	2	2016–2016
State v. Scott green wash · 1988 2 sentences 2013State v. Scott. 110 Wn.2d 682, 685-86 , 757 P.2d 492 (1988). 2013State v. Scott. 110 Wn.2d 682, 685-86 , 757 P.2d 492 (1988).	2	2013–2013
State v. Matson green washctapp · 1978 2 sentences 2007In Galisia , the court concluded that while its earlier decisions in State v. Matson, 22 Wash.App. 114 , 587 P.2d 540 (1978), and State v. Draper, 10 Wash.App. 802 , 521 P.2d 53 (1974), may require a defendant to admit the charged acts, they do not require admission of "the crime itself or all the elements of a crime before being entitled to an entrapment instruction." Galisia, 63 Wash. App. at 837 , 822 P.2d 303 ; see also Mathews, 485 U.S. at 62 , 108 S.Ct. 883 (holding that "even if the defendant denies one or more elements of the crime, he is entitled to an entrapment instruction whenever 2007In Galisia , the court concluded that while its earlier decisions in State v. Matson, 22 Wash.App. 114 , 587 P.2d 540 (1978), and State v. Draper, 10 Wash.App. 802 , 521 P.2d 53 (1974), may require a defendant to admit the charged acts, they do not require admission of "the crime itself or all the elements of a crime before being entitled to an entrapment instruction." Galisia, 63 Wash. App. at 837 , 822 P.2d 303 ; see also Mathews, 485 U.S. at 62 , 108 S.Ct. 883 (holding that "even if the defendant denies one or more elements of the crime, he is entitled to an entrapment instruction whenever	2	1995–2007
United States v. One Assortment of 89 Firearms green scotus · 1984 2 sentences 2003In 89 Firearms, a jury apparently accepted the defendant's entrapment defense and acquitted the defendant of charges that he knowingly dealt in firearms without a license. 465 U.S. at 355-56 , 104 S.Ct. 1099 . 2003In 89 Firearms, a jury apparently accepted the defendant’s entrapment defense and acquitted the defendant of charges that he knowingly dealt in firearms without a license. 465 U.S. at 355-56 .	2	2003–2003
Jacobson v. United States green scotus · 1992 2 sentences 1996As the Defendant has noted, many jurisdictions that apply the subjective standard for entrapment place the burden of persuasion on the government to disprove entrapment beyond a reasonable doubt. 3 Under federal common law, the State ultimately has the burden of proving beyond a reasonable doubt that the defendant was "disposed to commit the criminal act prior to first being approached by Government agents.” Jacobson v. United States, 503 U.S. 540, 549 , 112 S. Ct. 1535 , 118 L. 1996As the Defendant has noted, many jurisdictions that apply the subjective standard for entrapment place the burden of persuasion on the government to disprove entrapment beyond a reasonable doubt. 3 Under federal common law, the State ultimately has the burden of proving beyond a reasonable doubt that the defendant was "disposed to commit the criminal act prior to first being approached by Government agents.” Jacobson v. United States, 503 U.S. 540, 549 , 112 S. Ct. 1535 , 118 L.	2	1996–1996
State v. Hansen green washctapp · 1993 2 sentences 1995State v. Hansen, 69 Wash.App. 750, 764-765 , 850 P.2d 571 (1993), rev'd on other grounds, 124 Wash.2d 719 , 881 P.2d 979 (1994); State v. Galisia, 63 Wash.App. 833, 836 , 822 P.2d 303 , review denied, 119 Wash.2d 1003 , 832 P.2d 487 (1992); State v. Matson, 22 Wash.App. 114, 121 , 587 P.2d 540 (1978); State v. Walker, 11 Wash.App. 84, 87 , 521 P.2d 215 (1974); State v. Draper, 10 Wash.App. 802, 806-807 , 521 P.2d 53 , review denied, 84 Wash.2d 1002 (1974); see also Mathews v. United States, 485 U.S. 58 , 108 S.Ct. 883 , 99 L.Ed.2d 54 (1988) (recognizing that denial of the act and entrapment ar 1995State v. Hansen, 69 Wn.	2	1995–1995
State v. Swain green washctapp · 1974 2 sentences 1982State v. Swain, 10 Wn. 1976See State v. Waggoner, 80 Wn.2d 7 , 490 P.2d 1308 (1971); State v. Swain, 10 Wn.	2	1976–1982
People v. Moraga green calctapp · 1966 2 sentences 1974People v. Moraga, 244 Cal. App. 2d 565 , 53 Cal. Rptr. 563 (1966). 1974People v. Moraga, 244 Cal. App. 2d 565 , 53 Cal. Rptr. 563 (1966).	2	1971–1974
State v. Arbogast green wash · 2022 2 sentences 2026Our Supreme Court has held “that to obtain an entrapment instruction, defendants must make a prima facie showing that (1) the crime originated in the mind of the police or an informant and (2) the defendant is induced to commit a crime that [they were] not predisposed to commit.” State v. Arbogast, 199 Wn.2d 356 , 360, 506 P.3d 1238 (2022) (citing RCW 9A.16.070(1)). 2026Our Supreme Court has held “that to obtain an entrapment instruction, defendants must make a prima facie showing that (1) the crime originated in the mind of the police or an informant and (2) the defendant is induced to commit a crime that [they were] not predisposed to commit.” State v. Arbogast, 199 Wn.2d 356 , 360, 506 P.3d 1238 (2022) (citing RCW 9A.16.070(1)).	1	2026–2026
State v. Enriquez neutral washctapp · 1986 1 sentence 2022State v. Enriquez, 45 Wn.	1	2022–2022
Cornwell v. Microsoft Corp. green wash · 2018 1 sentence 2022Id. at 873 (citing State v. Knapstad, 107 Wn.2d 346, 356-57 , 729 P.2d 48 (1986); Cornwell v. Microsoft Corp., 192 Wn.2d 403 , 410-13, 430 P.3d 229 (2018)).	1	2022–2022
State v. Knapstad green wash · 1986 2 sentences 2022Id. at 873 (citing State v. Knapstad, 107 Wn.2d 346, 356-57 , 729 P.2d 48 (1986); Cornwell v. Microsoft Corp., 192 Wn.2d 403 , 410-13, 430 P.3d 229 (2018)). 2022Id. at 873 (citing State v. Knapstad, 107 Wn.2d 346, 356-57 , 729 P.2d 48 (1986); Cornwell v. Microsoft Corp., 192 Wn.2d 403 , 410-13, 430 P.3d 229 (2018)).	1	2022–2022
State v. Davis green wash · 1992 1 sentence 2022But Trujillo disagreed with Galisia’s holding that defendants needed to produce only “‘some evidence’ to support an entrapment instruction.” Id. (citing Galisia, 63 Wn.	1	2022–2022
State v. McFarland green wash · 1995	1	2020–2020
United States v. Raymond E. Kaminski green ca7 · 1983	1	2020–2020
State v. Harvill green wash · 2010	1	2020–2020
State v. Fisher green wash · 2016	1	2020–2020
State v. Harvill green wash · 2010	1	2020–2020
United States v. Russell green scotus · 1973	1	2019–2019
In re the Personal Restraint of Stockwell green washctapp · 2011	1	2015–2015
Strickland v. Washington green scotus · 1984	1	2013–2013
State v. Keller green washctapp · 1981	1	2013–2013
State v. Manning green washctapp · 1996	1	2010–2010
State v. Walker neutral washctapp · 1974	1	1995–1995
State v. McFadden green wash · 1992	1	1995–1995
State v. Stegall green wash · 1994	1	1995–1995
State v. Chapin green washctapp · 1994	1	1994–1994
State v. Riker green wash · 1994	1	1994–1994
State v. Trujillo neutral washctapp · 1994	1	1994–1994
State v. Lambert neutral wash · 1928	1	1984–1984
Isaac Bud Wilson v. United States green ca9 · 1969	1	1974–1974

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9A.16.070 (30) WA § Wash. Rev. Code § 2.06.040 (14) WA § Wash. Rev. Code § 69.50.401 (7) WA § Wash. Rev. Code § 9A.28.020 (6) WA § Wash. Rev. Code § 9.94A.030 (5) WA § Wash. Rev. Code § 9.94A.535 (4) WA § Wash. Rev. Code § 9A.28.030 (4) WA § Wash. Rev. Code § 9A.44.076 (4) WA § Wash. Rev. Code § 9.68A.090 (3) WA § Wash. Rev. Code § 9.73.030 (3) WA § Wash. Rev. Code § 9A.08.020 (3) WA § Wash. Rev. Code § 9A.44.073 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 133 (1964–2023) FL 104 (1963–2019) TX 95 (1937–2026) MI 86 (1972–2026) GA 73 (1974–2016) PA 63 (1973–2026) CA 62 (1944–2026) NY 60 (1963–2026) IN 55 (1970–2019) LA 51 (1978–2024) WA 46 (1939–2026) MS 42 (1986–2024) OH 41 (1911–2025) NM 31 (1974–2024) MA 30 (1978–2023) NC 26 (1978–2021) AZ 26 (1968–2024) AL 22 (1974–2026) IA 20 (1974–2019) NJ 19 (1976–2025) MO 19 (1973–2022) UT 18 (1978–2026) WI 17 (1975–2022) CO 17 (1972–2025) ID 16 (1984–2026) MT 15 (1955–2020) HI 15 (1966–2024) TN 14 (1980–2024) MN 14 (1979–2023) ND 13 (1978–2015) NV 13 (1978–2024) VA 12 (1937–2026) CT 12 (1965–2019) ME 11 (1976–2003) OK 11 (1973–2024) OR 11 (1967–2026) AK 11 (1977–2025) KY 10 (1992–2023) NE 9 (1982–2023) KS 9 (1981–2010) MD 9 (1970–2011) AR 9 (1980–2019) DC 9 (1974–2024) WY 7 (1984–2020) DE 6 (1982–2023) NH 6 (1964–2021) SD 6 (1975–1989) VT 5 (1988–2021) WV 5 (1981–2015) SC 3 (2004–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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