What’s the legal threshold for entrapment in Georgia criminal defense?
Georgia’s threshold is written in O.C.G.A. § 16-3-25: entrapment exists “where the idea and intention of the commission of the crime originated with a government officer or employee, or with an agent of either, and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.”
Three parts, as Georgia courts have used them in Hill v. State (1991).
- The idea came from the government.
- Undue persuasion, incitement, or deceit induced it.
- The person wasn’t predisposed.
What doesn’t meet it. An undercover buy that gives someone an opportunity isn’t entrapment. A simple offer, a false name, or a fake identity isn’t “undue” by itself.
What could meet it.
- Repeated requests after refusals;
- Appeals to friendship or sympathy, or to a medical need;
- Offering large sums with no prior contact;
- Pressure from a person with power over the defendant.
How it works at trial.
- Burden. The defendant must present some evidence. Then the state must disprove it beyond a reasonable doubt.
- Admission. Since McClure v. State (2019), a defendant doesn’t have to admit the act to get an instruction and can accept facts for the sake of argument, though the defense can still sit awkwardly beside a denial.
- Predisposition. The state may offer past similar acts under § 24-4-404(b), which can be damaging.
- Jury or judge. Generally a jury question.
Outrageous conduct. A separate due process defense, with a high bar, may be raised under United States v. Russell (1973).
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.