§ 313. Entrapment.
(a) General rule.--A public law enforcement official or a person acting in cooperation with such an official
perpetrates an entrapment if for the purpose of obtaining evidence of the commission
of an offense, he induces or encourages another person to engage in conduct constituting
such offense by either:
(1) making knowingly false representations designed to induce the belief that such conduct
is not prohibited; or
(2) employing methods of persuasion or inducement which create a substantial risk that
such an offense will be committed by persons other than those who are ready to commit
it.
(b) Burden of proof.--Except as provided in subsection (c) of this section, a person prosecuted for an offense
shall be acquitted if he proves by a preponderance of evidence that his conduct occurred
in response to an entrapment.
(c) Exception.--The defense afforded by this section is unavailable when causing or threatening bodily
injury is an element of the offense charged and the prosecution is based on conduct
causing or threatening such injury to a person other than the person perpetrating
the entrapment.
Notes of Decisions
Commonwealth v. Weiskerger (1989)
pa · cites it 10×
“ The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.”
Commonwealth v. Wright (1990)
pa · cites it 8×
“offense, he induces or encourages another person to engage in conduct constituting such offense by either: (1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or (2) employing methods of persuasion or inducement which…”
Commonwealth v. Mathews (1985)
pa · cites it 8×
“Although the jury rejected appellees' arguments that they had been entrapped, see 18 Pa.C.S. § 313, and found them guilty of attempt to manufacture a controlled substance, the trial court, on post-verdict motions, arrested judgment because it found that the police conduct in…”
Commonwealth v. Jones (1976)
pasuperct · cites it 5×
“7 *312 The entrapment section, 18 Pa.C.S. § 313, is contained in the Chapter of the Crimes Code entitled “Culpability,” which, according to one commentator, “is devoted to the question of when the defendant has the necessary intent.”
Commonwealth v. Borgella (1992)
pa · cites it 6×
“18 Pa.C.S. § 313. In Commonwealth v. Weiskerger , we held that the entrapment statute embodied an objective standard to guide a fact finder in the application of that defense.”
Commonwealth v. Thompson (1984)
pa · cites it 6×
“The present test for entrapment is set forth in section 313 of the Pennsylvania Crimes Code, 18 Pa.C.S. § 313. [7] That section states in pertinent part: § 313.”
Commonwealth v. Lightfoot (1994)
pa · cites it 6×
“The defense of entrapment is set out at 18 Pa.C.S. § 313: (a) General rule. A public law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces…”
Commonwealth v. McGuire (1985)
pa · cites it 4×
“With respect to his entrapment defense, appellant requested a point for charge which tracked 18 Pa.Cons.Stat. § 313, the entrapment provision of the Crimes Code.”
State v. Olkon (1980)
minn · cites it 2×
“1-05-11 (1976); 18 Pa. Cons. Stat. Ann. § 313 (Purdon 1973); Tex.”
Commonwealth v. Rose (1974)
pa · cites it 2×
“…in the case of entrapment the defendant has the burden of proving this defense by a preponderance of the evidence. 18 Pa.C.S. §313 (b).”
Commonwealth v. Kratsas (2001)
pa
“See 18 Pa.C.S. § 313. 14 . In contrast to Conley’s holding essentially foreclosing presentation of a reliance defense at trial, a number of courts have analyzed the doctrine as in the nature of an affirmative defense, thus permitting it to be presented to the factfinder even in…”
— 18 Pa. Cons. Stat. § 313(a) — 9 cases
Commonwealth v. Jones (1976)
pasuperct
“7 *312 The entrapment section, 18 Pa.C.S. § 313, is contained in the Chapter of the Crimes Code entitled “Culpability,” which, according to one commentator, “is devoted to the question of when the defendant has the necessary intent.”
Commonwealth v. Weiskerger (1989)
pa
“ The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.”
— 18 Pa. Cons. Stat. § 313(b) — 13 cases
Commonwealth v. Weiskerger (1989)
pa
“ The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.”
Commonwealth v. Jones (1976)
pasuperct
“7 *312 The entrapment section, 18 Pa.C.S. § 313, is contained in the Chapter of the Crimes Code entitled “Culpability,” which, according to one commentator, “is devoted to the question of when the defendant has the necessary intent.”
Commonwealth v. Wright (1990)
pa
“offense, he induces or encourages another person to engage in conduct constituting such offense by either: (1) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or (2) employing methods of persuasion or inducement which…”
Commonwealth v. Borgella (1992)
pa
“18 Pa.C.S. § 313. In Commonwealth v. Weiskerger , we held that the entrapment statute embodied an objective standard to guide a fact finder in the application of that defense.”
Annotations are extracted automatically from the opinions in the
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