New York statute
N.Y. Penal Law § 40.05 — Entrapment
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 40: Other Defenses Involving Lack of Culpability, New York Penal Law.
Full text of N.Y. Penal Law § 40.05
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
40.05 Entrapment.
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.
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