Bill: Draft Entrapment Defense Act.

[Plura72]

A
BILL
To

Amend the Criminal Terminology Act to Allow Entrapment Defenses​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the 'Entrapment Defense Act.'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by CaseyLeFaye and is based upon the Model Penal Code.

(4) This Act has been sponsored by Representative Plura72 (LcnGlazer).

(5) This Act has been co-sponsored by Representative Omegabiebel and Senator DocTheory.

2 - Reasons

(1) Currently, it is legal for the Government to entrap people.

(a) Entrapment being legal can lead to ambitious law enforcement officials entrapping typically innocent individuals for a boost in reputation or money, which is especially unfair to new players.

(2) To amend the Criminal Terminology Act.

3 - Amendment

(1) The Criminal Terminology Act shall be amended as follows:

“8 - Entrapment​

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(1) Law Enforcement Official. For the purposes of this Section, a law enforcement official is an officer or employee of any agency or authority of the Commonwealth of Redmont who is empowered by law to:​

(a) investigate or conduct an official inquiry into a potential violation of law; or​

(b) prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.​

​

(2) Entrapment. A law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, they induce or encourage another person to engage in conduct constituting such offense by either:​

(a) making knowingly false representations designed to induce the belief that such conduct is not prohibited; or​

(b) employing methods of persuasion or inducement that create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.​

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(3) Affirmative Defense. Except as provided in 8(4) of this Act, a person prosecuted for an offense shall be acquitted, or a person charged with a summary criminal offense shall have that offense overturned, if they prove by a balance of probabilities that their conduct occurred in response to an entrapment.​

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(4) Exception. The defense afforded by this Section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.​

(a) “Bodily injury” includes, but is not limited to:​

(i) damage to the health bar;​

(ii) physical ailments; and​

(iii) harmful status effects.​

(b) “Bodily injury” does not include damage and/or effects from consensually consumed substances.”​

(a) The following words, phrases, and numbers — exactly as written — shall be bolded in the above amendment:
(i) 8 - Entrapment
(ii) Law Enforcement Official.
(iii) Entrapment.
(iv) Affirmative Defense.
(v) Exception.