• 1994 - Affirmative Defense (Entrapment)
  • K-4.10
    • Affirmative Defenses
    • Affirmative Defenses
    • Defenses
    • Entrapment
    • Peace Officers
    • Tests

  • It is an affirmative defense that the Defendant was entrapped into committing the crime charged.

     

    In order to prove an entrapment defense, the Defendant must establish two elements: 1) that the law enforcement agent, for the purpose of obtaining evidence of the commission of a crime, induces or encourages and, as a direct result, causes another person to engage in conduct constituting such a crime; and 2) that the law enforcement agent employs methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit the crime.

     

    Conduct merely affording a person an opportunity to commit a crime does not constitute entrapment.

     

    "Law enforcement agent" includes personnel of federal and local law enforcement agencies as well as state agencies, and any person cooperating with such agency.

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    • 12.1-05-11
    • State v. Kummer, 481 NW2d 437 (ND 1992)
  • Notes: Follow this instruction with NDJI K - 4.30, Affirmative Defense - Burden of Proof. (2005 - reviewed with no changes) This instruction reflects the 1993 amendments to NDCC 12.1-05-11. For a general discussion of entrapment prior to the 1993 amendments, see State v. Kummer, 481 NW2d 437 (ND 1992).