Mississippi Code
Miss. Code Ann. § 99-1-25 (2026)
Entrapment; affirmative defense to criminal prosecution; burden of proof
✓ current as of July 2026
- (1) It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the person's testimony or other evidence the substantial elements of the offense charged.
- (2) A person who asserts an entrapment defense has the burden of proving each of the following by clear and convincing evidence:
- (a) The idea of committing the offense was initiated by law enforcement officers or their agents rather than by the person.
- (b) The law enforcement officers or their agents urged and induced the person to commit the offense.
- (c) The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense.
- (3) A person does not establish entrapment if the person was predisposed to commit the offense and the law enforcement officers or their agents merely provided the person with an opportunity to commit the offense. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity, nor is it entrapment for law enforcement officers or their agents to supply, furnish or sell contraband to an individual where:
- (a) There is a reasonable indication, based on information developed through informants or other means, that the subject is engaging, has engaged, or is likely to engage in illegal activity of a similar type; or
- (b) The opportunity for illegal activity has been structured so that there is reason for believing that persons drawn to the opportunity, or brought to it, are predisposed to engage in the contemplated illegal activity.
- (4) The issue of entrapment shall be tried by the trier of fact. The conduct of law enforcement officers and their agents may be considered in determining if a person has proven entrapment.
Laws, 2005, ch. 463, § 7, eff. 7/1/2005.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2016–2024 · leading case: State of Arizona v. Maverick Kemp Gray, 372 P.3d 999 (Ariz. 2016).
State of Arizona v. Maverick Kemp Gray, 372 P.3d 999 (Ariz. 2016). “Miss. Code Ann. § 99-1-25 (2005). Previously the Mississippi Supreme Court had abolished the rule that a defendant must admit the offense before receiving an entrapment instruction.”
William Allen Carpenter v. State of Mississippi (Miss. Ct. App. 2024). “Miss. Code Ann. § 99-1-25 (2); see also Jones v.”
Corey Antione Jones a/k/a Corey Jones a/k/a Corey Antione Jones, Jr. v. State of Mississippi (Miss. Ct. App. 2024). “” Miss. Code Ann. § 99-1-25 (1). But the trial court found that Jones had not made such admission.”
Brandon Jake Spiers v. State of Mississippi (Miss. 2023). “See Miss. Code Ann. § 99-1-25 (Rev. 2020). No such directive exists for the defense of consent.”
— Miss. Code Ann. § 99-1-25(1) — 2 cases
William Allen Carpenter v. State of Mississippi (Miss. Ct. App. 2024). “Miss. Code Ann. § 99-1-25 (2); see also Jones v.”
Corey Antione Jones a/k/a Corey Jones a/k/a Corey Antione Jones, Jr. v. State of Mississippi (Miss. Ct. App. 2024). “” Miss. Code Ann. § 99-1-25 (1). But the trial court found that Jones had not made such admission.”
— Miss. Code Ann. § 99-1-25(2) — 1 case
Corey Antione Jones a/k/a Corey Jones a/k/a Corey Antione Jones, Jr. v. State of Mississippi (Miss. Ct. App. 2024). “” Miss. Code Ann. § 99-1-25 (1). But the trial court found that Jones had not made such admission.”
— Miss. Code Ann. § 99-1-25(3) — 2 cases
William Allen Carpenter v. State of Mississippi (Miss. Ct. App. 2024). “Miss. Code Ann. § 99-1-25 (2); see also Jones v.”
Corey Antione Jones a/k/a Corey Jones a/k/a Corey Antione Jones, Jr. v. State of Mississippi (Miss. Ct. App. 2024). “” Miss. Code Ann. § 99-1-25 (1). But the trial court found that Jones had not made such admission.”
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