410.28	ENTRAPMENT
	One of the issues (under Count _____) in this case is whether the defendant was entrapped into the conduct submitted in Instruction No. _____.  On that issue you are instructed as follows:
	A person is "entrapped" into conduct if a (law enforcement officer) (or) (person acting in cooperation with a law enforcement officer), for the purpose of obtaining evidence of the commission of an offense, solicits, encourages, or otherwise induces another person to engage in conduct when he is not ready and willing to engage in such conduct.
	The state has the burden of proving beyond a reasonable doubt that the defendant was not entrapped into the conduct submitted in Instruction No. _____.  If you find that the defendant was entrapped into such conduct or if you have a reasonable doubt that he was entrapped into such conduct, you must find the defendant not guilty.
	However, if you find and believe from the evidence beyond a reasonable doubt that the defendant was ready and willing to engage in the conduct submitted in Instruction No. _____ and did so, then you are instructed that the defendant was not entrapped into such conduct.

Notes on Use
	1.	Section 562.066, RSMo 2016.  This is a revision of MAI-CR 3d 310.28 (1-1-87).  This revision is to the Notes on Use only.
	2.	In order to submit the issue of entrapment, there must be evidence of both governmental inducement and an absence of a willingness to engage in unlawful conduct. State v. Willis, 662 S.W.2d 252 (Mo. banc 1983).
	3.	The "burden of injecting the issue" of entrapment is on the defendant.  If there is evidence in the case of entrapment, this instruction shall be given if requested by the defendant.  It shall be given if requested by the state (whether the defendant wants it or not) unless the defendant agrees to an instruction withdrawing consideration by the jury of the evidence of entrapment.  The withdrawal instruction will be a separately numbered instruction as follows:
	The issue of whether the defendant was entrapped into the conduct submitted in Instruction No. _____ is withdrawn from the case by agreement of the parties and you are not to consider such issue in arriving at your verdict.
	4.	If this instruction is given, a paragraph making a cross-reference to this instruction will be added to the verdict director as follows:
(Second) (Third) ([next numbered paragraph]), that defendant was not entrapped as submitted in Instruction No. _____,
	5.	Entrapment is not a defense to "any crime which involves causing physical injury to or placing in danger of physical injury a person other than the person perpetrating the entrapment." Section 562.066, RSMo 2016.
	6.	The following term may be defined by the court on its own motion and must be defined upon written request in proper form by the state or by the defendant:
			"law enforcement officer."
See MAI-CR 4th 433.00.