Tex. Codes » Penal Code · TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY · CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
Texas Codes

Tex. Penal Code § 8.06 (2026)

Entrapment

✓ current as of May 2026
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Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(b) In this section "law enforcement agent" includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 126 cases (4 in the last 5 years), 1981–2024 · leading case: England v. State, 887 S.W.2d 902 (Tex. Crim. App. 1994).
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England v. State, 887 S.W.2d 902 (Tex. Crim. App. 1994). · cites it 10× “If the inducement attains that intensity, a determination of whether the defendant would have committed the crime with less or no encouragement ordinarily involves unsatisfactory and highly prejudicial (to the defendant) evidence, and thus has been rejected as an element of…”
Vega, Jose Luis Jr., 394 S.W.3d 514 (Tex. Crim. App. 2013). · cites it 3× ““Jerry’s” status as a “law enforcement agent” as that term is defined in Texas Penal Code § 8.06, was not in dispute.”
Barnes v. State, 70 S.W.3d 294 (Tex. App. 2002). · cites it 3× “Texas Penal Code section 8.06 provides the definition and elements of entrapment.”
Zarate v. State, 551 S.W.3d 261 (Tex. App. 2018). · cites it 5× “" TEX. PENAL CODE ANN. § 8.06(a) (West 2011).”
Sanchez v. State, 98 S.W.3d 349 (Tex. App. 2003). · cites it 2× “See Tex. Penal Code Ann. § 8.06 (a) (Vernon 1994) (making *355 entrapment a defense to prosecution).”
Resendez v. State, 160 S.W.3d 181 (Tex. App. 2005). · cites it 2× “" TEX. PEN.CODE ANN. § 8.06(a) (Vernon 2003); see Williams v.”
Torres v. State, 980 S.W.2d 873 (Tex. App. 1998). · cites it 3× “Tex. Penal Code Ann. § 8.06 (a) (Vernon 1994).”
Reese v. State, 877 S.W.2d 328 (Tex. Crim. App. 1994). · cites it 2× “The evidence appellant points to shows only that Dal Bosco acting in accordance with instructions from a law enforcement agent under Tex. Penal Code Ann. § 8.06 (b). The only evidence remotely suggesting entrapment was Dal Bosco's testimony at the motion for new trial hearing…”
Flores v. State, 84 S.W.3d 675 (Tex. App. 2002). · cites it 2× “Tex. Penal Code Ann. § 8.06 (a) (Vernon 1994).”
Hernandez v. State, 161 S.W.3d 491 (Tex. Crim. App. 2005). “Tex. Pen.Code § 8.06(a); see generally, England v.”
Guia v. State, 220 S.W.3d 197 (Tex. App. 2007). · cites it 2× “Entrapment is a defense to prosecution requiring the defendant to show that a law enforcement agent induced him to commit the crime by means — such as pleas based on extreme need, sympathy, or friendships — that would have caused an ordinarily law-abiding person of average…”
Hubbard v. State, 770 S.W.2d 31 (Tex. App. 1989). · cites it 2× “TEX.PENAL CODE ANN. § 8.06(a) (Vernon 1974).”
Show all 126 citing cases →
— Tex. Penal Code § 8.06(a) — 43 cases
Zarate v. State, 551 S.W.3d 261 (Tex. App. 2018). “" TEX. PENAL CODE ANN. § 8.06(a) (West 2011).”
England v. State, 887 S.W.2d 902 (Tex. Crim. App. 1994). “If the inducement attains that intensity, a determination of whether the defendant would have committed the crime with less or no encouragement ordinarily involves unsatisfactory and highly prejudicial (to the defendant) evidence, and thus has been rejected as an element of…”
Resendez v. State, 160 S.W.3d 181 (Tex. App. 2005). “" TEX. PEN.CODE ANN. § 8.06(a) (Vernon 2003); see Williams v.”
Hernandez v. State, 161 S.W.3d 491 (Tex. Crim. App. 2005). “Tex. Pen.Code § 8.06(a); see generally, England v.”
Guia v. State, 220 S.W.3d 197 (Tex. App. 2007). “Entrapment is a defense to prosecution requiring the defendant to show that a law enforcement agent induced him to commit the crime by means — such as pleas based on extreme need, sympathy, or friendships — that would have caused an ordinarily law-abiding person of average…”
— Tex. Penal Code § 8.06(b) — 2 cases
Saldana v. State, 732 S.W.2d 701 (Tex. App. 1987).
Joseph Andrew Beach v. the State of Texas (Tex. App. 2024).
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