COLJI-Crim. H:31

The evidence presented in this case has raised the affirmative defense

of “entrapment,” as a defense to [insert name(s) of offense(s)].

The defendant’s conduct was legally authorized if:

1. he [she] is a person who, but for the inducement offered, would

not have conceived of or engaged in conduct of the sort

induced, and

2. he [she] engaged in the proscribed conduct because he [she]

was induced to do so by a law enforcement official [or other

person acting under the official’s direction,] seeking to obtain

evidence for the purpose of prosecution, and not as a result of

his [her] own predisposition, and

3. the methods used to obtain such evidence were such as to

create a substantial risk that this particular defendant would

engage in the sort of conduct induced, and

4. the methods used were more persuasive than merely affording

him [her] an opportunity to commit an offense, even if such an

opportunity was coupled with representations or inducements

calculated to overcome his [her] fear of detection.

The prosecution has the burden to prove, beyond a reasonable doubt,

that the defendant’s conduct was not legally authorized by this defense. In

order to meet this burden of proof, the prosecution must disprove, beyond

a reasonable doubt, at least one of the above numbered conditions.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden of proof, then the prosecution has failed to prove

the defendant’s conduct was not legally authorized by this defense, which

is an essential element of [insert name(s) of offense(s)]. In that event, you

must return a verdict of not guilty of [that] [those] offense[s].

After considering all the evidence, if you decide the prosecution has

met this burden of proof, then the prosecution has proved the defendant’s

conduct was not legally authorized by this defense. In that event, your

verdict[s] concerning the charge[s] of [insert name(s) of offense(s)] must

depend upon your determination whether the prosecution has met its

burden of proof with respect to the remaining elements of [that] [those]

offense[s].