Indiana Pattern Jury Instructions – Criminal
CHAPTER 10 DEFENSES RELATING TO CULPABILITY (effective for crimes committed July 1, 2014 or after)

Instruction No. 10.1700. Entrapment.

I.C. 35-41-3-9.

The defense of entrapment is an issue in this case.

In order to overcome this defense, the State must prove beyond a reasonable doubt:

1. that the prohibited conduct of the Defendant was not the product of [a law enforcement officer] [[a law enforcement officer’s agent] using persuasion or other means likely to cause the Defendant to engage in the conduct, or
2. that the Defendant was predisposed to commit the offense.

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

 

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