What is Entrapment in Colorado?
Entrapment Defined Under Colorado LawEntrapment is defined by Colorado Revised Statute Section 18-1-709 as:
The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender's fear of detection are used.
An Example of What is Not EntrapmentFor example, if you are parked in a parking lot and an undercover police officer disguised as a prostitute approaches you and asks you if you want to party, and you inquire further what that means. She hints around it and you say oral sex for $20 and she agrees, then you can be charged with an act in furtherance of prostitution. It does not matter that the undercover police officer approached you. The fact that you agree to the act with a little inducement is enough and does not meet the definition of entrapment.