2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 3 - Defenses to Criminal Prosecutions
Article 2 - Justification and Excuse
§ 16-3-25. Entrapment

A person is not guilty of a crime if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either, for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime. Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.

(Code 1933, § 26-905, enacted by Ga. L. 1968, p. 1249, § 1.)

- For note, "Notice Requirements and the Entrapment Defense Under the Georgia Administrative Procedure Act" in light of Schaffer v. State Bd. of Veterinary Medicine, 143 Ga. App. 68, 237 S.E.2d 510 (1977), see 30 Mercer L. Rev. 347 (1978).

ANALYSIS

• General Consideration
• What Constitutes Entrapment
• Conduct of State Agents
• Informants
• Burden of Proof
• Jury Charge
• Application

OPINIONS OF THE ATTORNEY GENERAL

Legislative intent.

- General Assembly intended former Code 1933, § 26-905 to be merely a codification of existing law regarding entrapment. 1969 Op. Att'y Gen. No. 69-430.

- Purchase of liquor by agent of Department of Revenue from one suspected of selling it illegally, where that purchase does not involve undue persuasion, does not constitute entrapment. 1969 Op. Att'y Gen. No. 69-430.

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, § 197 et seq.

Entrapment to Commit Narcotics Offense, 12 POF2d 237.

- 22 C.J.S., Criminal Law: Substantive Principles, § 60 et seq.

- Entrapment to commit crime with view to prosecution therefor, 18 A.L.R. 146.

Entrapment to commit offense with respect to gambling or lotteries, 31 A.L.R.2d 1212.

Entrapment to commit offense with respect to narcotics law, 33 A.L.R.2d 883.

Entrapment to commit offense against laws regulating sales of liquor, 55 A.L.R.2d 1322.

Entrapment to commit bribery or offer to bribe, 69 A.L.R.2d 1397.

Entrapment with respect to violation of fish and game laws, 75 A.L.R.2d 709.

Entrapment to commit offense against obscenity laws, 77 A.L.R.2d 792.

Larceny: entrapment or consent, 10 A.L.R.3d 1121.

Defense of entrapment in contempt proceedings, 41 A.L.R.3d 418.

Conviction of possession of illicit drugs found in premises of which defendant was in nonexclusive possession, 56 A.L.R.3d 948.

Admissibility of evidence of other offenses in rebuttal of defense of entrapment, 61 A.L.R.3d 293.

Entrapment as a defense in proceedings to revoke or suspend license to practice law or medicine, 61 A.L.R.3d 357.

Modern status of the law concerning entrapment to commit narcotics offense - state cases, 62 A.L.R.3d 110.

Availability in state court of defense of entrapment where accused denies committing acts which constitute offense charged, 5 A.L.R.4th 1128.

Adequacy of defense counsel's representation of criminal client regarding entrapment defense, 8 A.L.R.4th 1160.

Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.

Entrapment to commit traffic offense, 34 A.L.R.4th 1167.

Burden of proof as to entrapment defense - state cases, 52 A.L.R.4th 775.

Maintainability of burglary charge, where entry into building is made with consent, 58 A.L.R.4th 335.

Entrapment as defense to charge of selling or supplying narcotics where government agents supplied narcotics to defendant and purchased them from him, 9 A.L.R.5th 464.

Right of criminal defendant to raise entrapment defense based on having dealt with other party who was entrapped, 15 A.L.R.5th 39.

Entrapment to commit federal crimes of terrorism, 89 A.L.R. Fed. 2d 215.