Section 23.23 Entrapment
Library | Criminal Practice 2012 Supp |
A. (§23.23) Entrapment
Entrapment is a valid defense as provided in § 562.066, RSMo 2000. The defense requires proof of both inducement to engage in unlawful conduct and an absence of a willingness to engage in that conduct. State v. Willis, 662 S.W.2d 252, 255 (Mo. banc 1983). When a defendant is predisposed to commit an offense, entrapment, under a “subjective test,” is not available. State v. Hohensee, 650 S.W.2d 268, 270 n.2 (Mo. App. S.D. 1982); State v. Robinson, 664 S.W.2d 543, 545 (Mo. App. E.D...
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