MUJI 2d CR440

You must decide whether the defense of entrapment applies in this case. Under that defense, the defendant is not guilty of an offense if (he)(she) acted because (he)(she) was entrapped into committing the offense. A defendant carries no burden to prove the defense of entrapment. In other words, the defendant is not required to prove the defense of entrapment applies to (his)(her) conduct. Rather, the prosecution must prove beyond a reasonable doubt that entrapment does not apply.

Entrapment occurs when, in order to obtain evidence, a peace officer [or a person directed by or acting in cooperation with the peace officer] induces a person to commit an offense by methods that create a substantial risk that the offense would be committed by one not otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

Many circumstances may affect the defense of entrapment. In considering whether the prosecution has proven beyond a reasonable doubt that entrapment does not apply, you should consider the following:

the defendant's reactions to the peace officer's [or peace officer's agent's] inducement, including:

whether the defendant hesitated when presented with an illegal opportunity and succumbed only to persistent pressure; or

whether the defendant actively pursued the commission of the crime despite opportunities to withdraw;

whether the case involves:

improper police conduct where the peace officer [or peace officer's agent] applied persistent pressure or persistently pursued the defendant to commit the offense;

appeals based on sympathy, pity, close personal friendships, or offers of inordinate sums of money; and

any other circumstances you find helpful in evaluating whether the defendant freely and voluntarily committed the offense.

Keep in mind that not all the listed circumstances will apply in every case, and some cases might have circumstances that are not listed here.

[The defense of entrapment is unavailable when an element of the offense is causing or threatening bodily injury to a person other than a peace officer [or the person directed by or acting in cooperation with the peace officer].]