2009 Kentucky Revised Statutes
CHAPTER 505 PROTECTION AGAINST UNFAIR OR OPPRESSIVE PROSECUTION
505.010 Entrapment.

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505.010 Entrapment. (1) A person is not guilty of an offense arising out of proscribed conduct when: (a) He was induced or encouraged to engage in that conduct by a public servant or by a person acting in cooperation with a public servant seeking to obtain <br>evidence against him for the purpose of criminal prosecution; and (b) At the time of the inducement or encouragement, he was not otherwise disposed to engage in such conduct. (2) The relief afforded by subsection (1) is unavailable when: (a) The public servant or the person acting in cooperation with a public servant merely affords the defendant an opportunity to commit an offense; or (b) The offense charged has physical injury or the threat of physical injury as one (1) of its elements and the prosecution is based on conduct causing or <br>threatening such injury to a person other than the person perpetrating the <br>entrapment. (3) The relief provided a defendant by subsection (1) is a defense. Effective: January 1, 1975 <br>History: Created 1974 Ky. Acts ch. 406, sec. 43, effective January 1, 1975.

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