H-660                _______________________________________________

                                                   HOUSE BILL NO. 1144

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives P. King and J. Williams

Read first time 3/2/87 and referred to Committee on Judiciary.

AN ACT Relating to entrapment; and amending RCW 9A.16.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 9A.16.070, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.16.070 are each amended to read as follows:

          (1) In any prosecution for a crime, it is a defense that:

          (a) The criminal design originated in the mind of law enforcement officials, or any person acting under their direction, and

          (b) The actor was lured or induced to commit a crime which the actor had not otherwise intended to commit.

          (2) The defense of entrapment is not established by a showing only that law enforcement officials merely afforded the actor an opportunity to commit a crime.

(3) A showing that law enforcement officials, or any person acting under their direction, facilitated or participated in the alleged crime is sufficient for the defense of entrapment to be considered by the trier of fact.