{"jurisdiction": "us-ny", "code": "penal", "section": "40.05", "citation": "Penal Law § 40.05", "heading": "Entrapment", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/40.05", "from_official_api": true, "plain_english": "Entrapment is an **affirmative defense** when a public servant—or someone cooperating with one—**actively induces or encourages the defendant to commit the offense to obtain prosecution evidence**, using methods that create a substantial risk that someone not otherwise disposed to commit it would do so. ★ **Merely providing an opportunity is not entrapment.**", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/40.05", "publisher": "Elyphived LLC"}