MT · jury_instructions
Mont. Crim. Jury Instr. 2-118 (2022)
Entrapment
One of the issues in this case is whether the Defendant was entrapped. If the Defendant was entrapped, he/she must be found not guilty. The state has the burden of proving beyond a reasonable doubt that the Defendant was not entrapped.
If before contact with law enforcement, the Defendant did not have any intent or disposition to commit the crime charged and was induced or persuaded by [officer/agent] to commit that crime, then she/he was entrapped.
On the other hand, if before contact with law enforcement, the Defendant did have an intent or disposition to commit the crime charged, then he/she was not entrapped, even though [officer/agent] provided a favorable opportunity to commit the crime or made committing the crime easier or even participated in acts essential to the crime.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2009
- Content hash
fb7dbe44f81795c9265be8854f735ee0e815a1856b31a5f72f00897f217b6610
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