Entrapment as Affirmative Defense

(a)It is an affirmative defense that the defendant committed the offense in response to an entrapment, except as provided in Subsection (c).

(b)Entrapment occurs when a law enforcement agent, for the purpose of obtaining evidence of the commission of an offense, induces or encourages a person to engage in proscribed conduct, using such methods of inducement as to create a substantial risk that the offense would be committed by persons other than those who are ready to commit it. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(c)The defense afforded by this Section is unavailable when causing or threatening serious bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

(d)As used in this Section, law enforcement agent includes personnel of federal and Guam law enforcement agencies, and any person cooperating with such an agency.

(e)The issue of entrapment shall be tried by the trier of fact.