{"data":{"id":"us-ny/n.y.-penal-law-40.05","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 40.05","heading":"Entrapment","body":"§ 40.05 Entrapment.\n  In any prosecution for an offense, it is an affirmative defense that\nthe defendant engaged in the proscribed conduct because he was induced\nor encouraged to do so by a public servant, or by a person acting in\ncooperation with a public servant, seeking to obtain evidence against\nhim for purpose of criminal prosecution, and when the methods used to\nobtain such evidence were such as to create a substantial risk that the\noffense would be committed by a person not otherwise disposed to commit\nit. Inducement or encouragement to commit an offense means active\ninducement or encouragement. Conduct merely affording a person an\nopportunity to commit an offense does not constitute entrapment.","path":["Penal Law","Part 1. General Provisions","Title C. Defenses","Article 40. Other Defenses Involving Lack of Culpability"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/40.05","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"621cfed4dd843357a9ae3795e239fc9110f95bfe93894f90bb865b6c3e21de89","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-40.00","next":"us-ny/n.y.-penal-law-40.10"},"notice":"GroundRules: Original legal text. Not legal advice."}