Section 40.05. Entrapment  


Latest version.
  • In  any  prosecution for an offense, it is an affirmative defense that
      the defendant engaged in the proscribed conduct because he  was  induced
      or  encouraged  to  do  so by a public servant, or by a person acting in
      cooperation with a public servant, seeking to  obtain  evidence  against
      him  for  purpose  of criminal prosecution, and when the methods used to
      obtain such evidence were such as to create a substantial risk that  the
      offense  would be committed by a person not otherwise disposed to commit
      it. Inducement or  encouragement  to  commit  an  offense  means  active
      inducement  or  encouragement.  Conduct  merely  affording  a  person an
      opportunity to commit an offense does not constitute entrapment.