UTAH’S CRIMINAL ENTRAPMENT DEFENSE

Utah’s Criminal Entrapment Defense

Utah’s constitution lacks specific entrapment protections, but Utah Code 76-2-303 provides essential statutory safeguards.

The federal constitution does not mention the word “entrapment” in its protective language.

Purpose of Utah’s Statute

The primary aim of entrapment protections is to prevent law enforcement misconduct and government overreach in police activities. These protections serve to shield otherwise innocent individuals from being manipulated into committing crimes.

In Utah, entrapment serves as a complete defense that can lead to the ultimate dismissal of criminal charges. Law enforcement cannot create or implant in an innocent person’s mind the inclination to commit a crime and then use government power to induce that person into criminal activity.

Procedure to Claim Utah’s Entrapment Defense

1. Pretrial Motion: To claim Utah’s statutory protections, you must file a pretrial motion.
2. Burden: The bar for such a motion is high; courts will only determine that entrapment occurred as a matter of law when reasonable minds, fairly considering the evidence, necessarily harbor a reasonable doubt about the defendant’s guilt. (See State v. Shane Craig Smith, 2024 UT 13 P35.)
3. Objective Test: Utah’s statutory language focuses on the government’s conduct. The defendant’s subjective characteristics are not taken into account.

When Can You Bring an Entrapment Motion?

You should file motions at least 10 days before trial.

Appeal of Entrapment Denials or Dismissals

The government has the right to appeal any case dismissed due to an entrapment motion. Conversely, the accused can appeal a defense if properly preserved in a plea bargain or after a trial.

Types of Utah Cases

The Utah Supreme Court in State v. Shane Craig Hunt (2024) identifies two types of cases:

• Type One: Cases involving improper police conduct, where government agents apply persistent pressure or pursue the defendant to commit a crime.
• Type Two: Cases centered on appeals based primarily on sympathy, pity, close personal friendships, or offers of excessive financial rewards.

CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER: (801) 373-6345

Utah Code 76-2-303:

1. It is a defense if the actor was entrapped into committing the offense. Entrapment occurs when a peace officer or a person directed by or cooperating with the officer induces the commission of an offense to obtain evidence for prosecution, creating a substantial risk that someone not otherwise ready to commit the crime will do so. Conduct that merely provides an opportunity to commit an offense does not constitute entrapment.
2. The entrapment defense is unavailable when causing or threatening bodily injury is an element of the charged offense and the prosecution is based on conduct causing or threatening injury to someone other than the person perpetrating the entrapment.
3. The defense under this section remains available even if the actor denies committing the conduct that constitutes the offense.
4. Upon the defendant’s written motion, the court will hear evidence on whether the defendant was entrapped to commit the offense. This motion must be made at least 10 days before trial, although the court may allow a later filing for good cause.
5. If the court finds that the defendant was entrapped, it will dismiss the case with prejudice. If the court finds that the defendant was not entrapped, this issue may be presented to the jury at trial. The state can appeal any order dismissing a case based on entrapment.
6. In any hearing where the defense of entrapment is an issue, the defendant’s past offenses are generally inadmissible. However, if the defendant testifies, they may be asked about past felony convictions, and any testimony given at an entrapment hearing may be used to impeach their trial testimony.

Amended by Chapter 282, 1998 General Session

CALL/TXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER: (801) 373-6345