Texas Penal Code Practice

Which of the following is a defense to prosecution according to Texas Penal Code?

1. Entrapment

2. Mistake of law

3. False pretenses

4. Mistake of fact

The correct answer is: Entrapment

Entrapment is recognized as a defense to prosecution under the Texas Penal Code, which means that if a defendant can successfully demonstrate that they were induced to commit a crime by law enforcement or an agent of law enforcement, they may be able to avoid liability for that offense. This defense hinges on the idea that the government should not be able to convict someone who was persuaded or coerced into committing a crime that they would not have otherwise engaged in. In contrast, a mistake of law generally does not serve as a valid defense in Texas, as ignorance or misunderstanding of the law is not typically excusable. Similarly, false pretenses involve deceit to obtain something of value, which constitutes a crime rather than a defense. A mistake of fact relates to a misunderstanding of certain facts pertaining to the situation at hand; while it may serve as a defense in certain circumstances depending on the crime charged, it is not universally applicable as a defense in all cases like entrapment.