North Dakota Statutes
§ 12.1-05-11 — Entrapment
1.It is an affirmative defense that the defendant was entrapped into committing the
offense.
2.A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining
evidence of the commission of a crime, the law enforcement agent induces or
encourages and, as a direct result, causes another person to engage in conduct
constituting such a crime by employing 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 it. Conduct merely affording a person an opportunity to commit
an offense does not constitute entrapment.
3.In this section "law enforcement agent" includes personnel of federal and local law
enforcement agencies as well as state agencies, and any person cooperating with
s
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Related
State v. Murchison
541 N.W.2d 435 (North Dakota Supreme Court, 1995)
United States v. Terry Lee Kummer
15 F.3d 1455 (Eighth Circuit, 1994)
State v. Kummer
481 N.W.2d 437 (North Dakota Supreme Court, 1992)
State v. Nehring
509 N.W.2d 42 (North Dakota Supreme Court, 1993)
State v. Hammeren
2003 ND 6 (North Dakota Supreme Court, 2003)
State v. Weisz
356 N.W.2d 462 (North Dakota Supreme Court, 1984)
City of Mandan v. Willman
439 N.W.2d 92 (North Dakota Supreme Court, 1989)
State v. Brooks
520 N.W.2d 796 (North Dakota Supreme Court, 1994)
State v. Rehling
426 N.W.2d 6 (North Dakota Supreme Court, 1988)
State v. Tester
1999 ND 60 (North Dakota Supreme Court, 1999)
State v. Schmidt
2011 ND 238 (North Dakota Supreme Court, 2011)
State v. Barnes
551 N.W.2d 279 (North Dakota Supreme Court, 1996)
Coppage v. State
2011 ND 227 (North Dakota Supreme Court, 2011)
Engh v. Engh
2003 ND 5 (North Dakota Supreme Court, 2003)
State v. Rai
2019 ND 71 (North Dakota Supreme Court, 2019)
Nearby Sections
15
§ 12.1-01-02
General purposes§ 12.1-01-03
Proof and presumptions§ 12.1-01-03.1
Presumption of age§ 12.1-01-04
General definitions§ 12.1-02-01
Basis of liability for offenses§ 12.1-02-02
Requirements of culpability§ 12.1-02-03
Mistake of fact in affirmative defenses§ 12.1-02-04
Ignorance or mistake negating culpability§ 12.1-02-05
Causal relationship between conduct and result§ 12.1-03-01
Accomplices§ 12.1-03-04
Definitions and general provisions