ILCS » Chapter 720 · Act 5

720 ILCS 5/7-12

Entrapment

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(720 ILCS 5/7-12) (from Ch. 38, par. 7-12)
    Sec. 7-12. Entrapment.
    A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person. However, this Section is inapplicable if the person was pre-disposed to commit the offense and the public officer or employee, or agent of either, merely affords to that person the opportunity or facility for committing an offense.
(Source: P.A. 89-332, eff. 1-1-96.)

    
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1993–2022 · leading case: People v. Lewis
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People v. Lewis (2022) ill · cites it 6× “” It should be further noted that both terms appear in section 7-12 of the Code (720 ILCS 5/7-12 (West 2014)) and in the entrapment instruction (IPI Criminal 4th No.”
People v. Landwer (1996) illappct · cites it 3× “7-12 (now 720 ILCS 5/7-12 (West 1992)). On November 8, 1991, a jury found the defendant guilty of both counts.”
People v. Landwer (1993) illappct · cites it 5× “7-12 (now 720 ILCS 5/7-12 (West 1992)).) The matter was tried before a jury, which convicted the defendant on November 8, 1991, of both counts.”
People v. Aquisto (2022) illappct “See 720 ILCS 5/7-12 (West 2018). For defense counsel to have raised the defense of entrapment, however, defendant would have had to admit committing unlawful delivery of methamphetamine.”
People v. Anderson (2013) illappct “” 720 ILCS 5/7-12 (West 2010). Hence, a defendant invoking an entrapment defense must present evidence that (1) the State induced or incited him to commit the crimes and (2) he lacked the predisposition to commit the crimes.”
People v. Ramirez (2012) illappct “” 720 ILCS 5/7-12 (West 2006). Hence, in order to establish such a defense, defendant must present evidence (1) that the State induced or incited him to commit the crimes and (2) that he lacked the predisposition to commit the crimes.”
People v. Lewis (2020) illappct “1, 1996) (amending 720 ILCS 5/7-12). We do not, however, find this discussion in any way determinative of our current analysis.”
People v. Webb (2020) illappct “See 720 ILCS 5/7-12 (West 2018) (defining defense of entrapment).”
People v. Trice (2017) illappct “¶ 30 Section 7-12 of the Criminal Code of 2012, which defines entrapment (720 ILCS 5/7-12 (West 2012)), states the following: “A person is not guilty of an offense if his or her conduct is incited or induced by a public officer or employee, or agent of either, for the purpose of…”
People v. Taylor (2022) illappct “See 720 ILCS 5/7-12 (West 2016). As defendant was not charged with an offense for the transaction with the confidential informant, any entrapment argument based on the confidential informant’s actions would be meritless.”
People v. Webb (2020) illappct “See 720 ILCS 5/7-12 (West 2018) (defining defense of entrapment).”
People v. Lewis (2020) illappct “1, 1996) (amending 720 ILCS 5/7-12). We do not, however, find this discussion in any way determinative of our current analysis.”
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