3.6(j). Entrapment

3.6(j) ENTRAPMENT NOTE TO JUDGE: This instruction is to be used for offenses occurring on or after October 1, 1987. The defense of entrapment has been raised. [Name of defendant] was entrapped if 1. [Name of defendant] was, for the purpose of obtaining evidence of the commission of a crime, induced or encouraged to engage in conduct constituting the crime of [crime charged], and 2. [Name of defendant] engaged in such conduct as the direct result of such inducement or encouragement, and 3. the person who induced or encouraged [name of defendant] was a law enforcement officer or a person engaged in cooperating with or acting as an agent of a law enforcement officer, and 4. the person who induced or encouraged [name of defendant] employed methods of persuasion or inducement which created a substantial risk that the crime would be committed by a person other than one who was ready to commit it, and 5. [Name of defendant] was not a person who was ready to commit the crime. When claim of entrapment no defense: It is not entrapment if[nam e of defendant] had the predisposition to commit the [crime charged]. [Name of defendant] had the predisposition if, before any law enforcement officer or person acting for the officer persuaded, induced, or lured name of defendant], [name of defendant] had a readiness or willingness to commit me charged] if the opportunity presented itself. It is also not entrapment merely because a law enforcement officer in a good faith attempt to detect crime Give a, b, or c as applicable: (a) e of defendant] had th e opportunity, means and facilities to e of commit the offense, which [name of [provided [name of defendant] had th (b) [used tricks, decoys or subterfuge to expose [name of defendant]s to expose [name of defendant]s <<<<<<<<<********>>>>>>>>>>>>> 2 d or assist in the commission of the offense.] e of defendant] must prove to you by the greater weight of the evidence that a law enforcement officer or agent induced or encouraged the crime charged. Greater weight of the evidence means, that evidence which is more me of de persuasive and convincing. If [name of dee of defendant e defendant]s predisposition to commit the [crimendent of the inducem charged] existed prior to and indepeent or encouragement. Give if applicable: An informant is an agent of law enforcement for purposes of the entrapment defense. me of If you find that [name of defendant] was entrapped, you should find [name of e of defe was not entrapped, you should find [name of defethe charge have been proved. NOTE TO JUDGE: This instruction should be given only if there is some evidence of the defendants lack of predisposition to commit the crime. See Munoz v. State, 629 So. 2d 90 (Fla. 1993).