NC · jury_instructions
N.C.P.I.—Crim. 309.10
ENTRAPMENT.
The burden of proving entrapment is upon the defendant. However,
the defendant is not required to prove entrapment beyond a reasonable
doubt, but only to your satisfaction. For you to find that the defendant
was entrapped, you must be satisfied of three things:
First, that the criminal intent to commit (name crime) did not
originate in the mind of the defendant.2
Second, that the defendant was induced by another person to act.
Merely providing an opportunity to commit (name crime) by a person
would not be sufficient inducement. It must appear that that person used
persuasion or trickery to cause the defendant to commit this crime which
he was not otherwise willing to do.
And Third, that this person acted on behalf of a governmental agency.
If you are satisfied from the evidence that the criminal intent did
not originate in the mind of the defendant and that another person
induced the defendant by persuasion or trickery to commit (name crime),
which the defendant was not otherwise willing to do, and that person
acted on behalf of a governmental agency, then you must return a verdict
of not guilty.
History
N.C.P.I.—Crim. 309.10 (Replacement June 2021). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
8d912f6a1fcb78bf99b2ff27c6e8b9c247577327d004e7c2d6e9ea81c07407c8
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