PRINTER'S NO. 3447
No. 2512 Session of 1976
INTRODUCED BY SALOOM, A. K. HUTCHINSON, PETRARCA AND GOODMAN,
JUNE 9, 1976
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 9, 1976
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 providing a defense of entrapment.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The act of April 12, 1951 (P.L.90, No.21), known
21 as the "Liquor Code," is amended by adding a section to read:
22 Section 494.1. Entrapment.--(a) A public law enforcement
23 official or a person acting in cooperation with such an official
24 perpetrates an entrapment if for the purpose of obtaining
25 evidence of the commission of an offense, he induces or
1 encourages another person to engage in conduct constituting such
2 offense by either:
3 (1) making knowingly false representations designed to
4 induce the belief that such conduct is not prohibited; or
5 (2) employing methods of persuasion or inducement which
6 create a substantial risk that such an offense will be committed
7 by persons other than those who are ready to commit it.
8 (b) Except as provided in subsection (c), a person
9 prosecuted for an offense shall be acquitted if he proves by a
10 preponderance of evidence that his conduct occurred in response
11 to an entrapment.
12 (c) The defense afforded by this section is unavailable when
13 causing or threatening bodily injury is an element of the
14 offense charged and the prosecution is based on conduct causing
15 or threatening such injury to a person other than the person
16 perpetrating the entrapment.
17 Section 2. This act shall take effect immediately.
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