40.05 - Entrapment.

§ 40.05 Entrapment.    In  any  prosecution for an offense, it is an affirmative defense that  the defendant engaged in the proscribed conduct because he  was  induced  or  encouraged  to  do  so by a public servant, or by a person acting in  cooperation with a public servant, seeking to  obtain  evidence  against  him  for  purpose  of criminal prosecution, and when the methods used to  obtain such evidence were such as to create a substantial risk that  the  offense  would be committed by a person not otherwise disposed to commit  it. Inducement or  encouragement  to  commit  an  offense  means  active  inducement  or  encouragement.  Conduct  merely  affording  a  person an  opportunity to commit an offense does not constitute entrapment.