[Insert instructions for underlying offense.]

If you all agree the state has proved, beyond a reasonable doubt, each of the [number] elements listed above, you must next consider whether the defendant is not guilty because of the defense of entrapment.

Entrapment

It is a defense to [offense] that the person engaged in the conduct because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause an ordinary person to commit the offense.

[Optional language: The defendant was not induced to commit the offense by a law enforcement agent if the defendant was already inclined to commit offenses such as the one charged in this case before being approached by a law enforcement agent.]

Conduct of [a law enforcement agent/a person acting in accordance with instructions from law enforcement agency personnel] that merely affords a person an opportunity to commit an offense does not constitute entrapment.

Burden of Proof

The defendant is not required to prove that he was entrapped into [insert specific conduct constituting offense]. Rather, the state must prove, beyond a reasonable doubt, that entrapment did not take place.

Definitions

Law Enforcement Agent

“Law enforcement agent” includes—

1. personnel of United States, state, and local law enforcement agencies; and
2. any person acting in accordance with instructions from such law enforcement agency personnel.

[Include the following if an informer’s status is submitted to the jury.]

Acting in Accordance with Instructions from Law Enforcement Personnel

A person acts in accordance with instructions from law enforcement personnel if—

1. the person has been specifically instructed to use persuasion or other means constituting entrapment by law enforcement agency personnel; or
2. the person is under the general control of law enforcement agency personnel [as may result from repeated use of the person as an informer] and the law enforcement agency personnel fail to properly instruct the person to avoid use of persuasion or other means constituting entrapment.

[Include the following if an informer’s status is determined to be that of a law enforcement agent as a matter of law.]

With regard to the events at issue in this case, [name] was [acting in accordance with instructions from law enforcement agency personnel/was a law enforcement agent].

Application of Law to Facts

To decide the issue of entrapment, you must determine whether the state has proved, beyond a reasonable doubt, one of the following elements. The elements are that—

[Include the following if a law enforcement agent is claimed to have committed entrapment.]

1. the defendant was not induced to commit the offense by [name], a law enforcement agent; or
2. [name] may have induced the defendant to commit the offense but did not use persuasion or other means likely to cause [an ordinary person/an ordinary person not already inclined to commit an offense to form the intent] to commit such crimes.

[Include the following if an informant is claimed to have committed entrapment.]

1. the defendant was not induced to commit the offense by [name]; or
2. [name] was neither member of a United States, state, or local law enforcement agency nor a person acting in accordance with instructions from such law enforcement agency personnel; or
3. [name] may have induced the defendant to commit the offense but did not use persuasion or other means likely to cause [an ordinary person/an ordinary person not already inclined to commit an offense to form the intent] to commit such crimes.

[Continue with the following.]

You must all agree that the state has proved, beyond a reasonable doubt, [either or both of elements 1 and 2/one or more of elements 1, 2, and 3] listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, [either or both of elements 1 and 2/one or more of elements 1, 2, and 3] listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, [either or both of elements 1 and 2/one or more of elements 1, 2, and 3] listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]