Mont. Code Ann. » TITLE 45. CRIMES · CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY · Part 2. Other Factors Affecting Individual Liability
Montana Code Annotated

Mont. Code Ann. § 45-2-213 (2026)

Entrapment

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  1. MCA Contents
  2. TITLE 45
  3. CHAPTER 2
  4. Part 2
  5. 45-2-213 Entrapment

TITLE 45. CRIMES

CHAPTER 2. GENERAL PRINCIPLES OF LIABILITY

Part 2. Other Factors Affecting Individual Liability

Entrapment

45-2-213. Entrapment. A person is not guilty of an offense if the person's conduct is incited or induced by a public servant or a public servant's agent for the purpose of obtaining evidence for the prosecution of the person. However, this section is inapplicable if a public servant or a public servant's agent merely affords to the person the opportunity or facility for committing an offense in furtherance of criminal purpose that the person has originated.

History: En. 94-3-111 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-111; amd. Sec. 1638, Ch. 56, L. 2009.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1980–2022 · leading case: State v. Kelly, 668 P.2d 1032 (Mont. 1983).
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State v. Kelly, 668 P.2d 1032 (Mont. 1983). · cites it 18× “The Commission Comment to our statute defining entrapment, section 45-2-213, MCA, states that `[t]he defense of entrapment generally follows the rule stated by the majority in the Sorrells case.”
State v. Walker, 733 P.2d 352 (Mont. 1987). · cites it 26× “Walker claims that Instruction 13 conflicts with § 45-2-213, MCA, which states: A person is not guilty of an offense if his conduct is incited or induced by a public servant or his agent for the purpose of obtaining evidence for the prosecution of such person.”
State v. Kamrud, 611 P.2d 188 (Mont. 1980). · cites it 9× “The District Court nevertheless instructed the jury on the issue of entrapment in the words of our statute, section 45-2-213, MCA, and is an additional instruction to which the defendant did not object.”
State v. Canon, 687 P.2d 705 (Mont. 1984). · cites it 6× “Section 45-2-213, MCA provides: Entrapment.”
State v. Allum, 2005 MT 150, 114 P.3d 233. · cites it 4× “See § 45-2-213, MCA (defining entrapment). Locating a person with authority over the property in order to peacefully resolve a dispute does not constitute action inciting or inducing a crime.”
State v. Kyong Cha Kim, 779 P.2d 512 (Mont. 1989). · cites it 4× “Entrapment is an affirmative defense available to a criminal defendant, and is codified in § 45-2-213, MCA, as follows: A person is not guilty of an offense if his conduct is incited or induced by a public servant or his agent for the purpose of obtaining evidence for the…”
State v. Brandon, 870 P.2d 734 (Mont. 1994). · cites it 2× “Montana’s statute on entrapment, § 45-2-213, MCA, provides that [a] person is not guilty of an offense if his conduct is incited or induced by a public servant or his agent for the purpose of obtaining evidence for the prosecution of such person.”
State v. Hanley, 608 P.2d 104 (Mont. 1980). · cites it 3× “However, this section is inapplicable if a public servant or his agent merely affords to such person the opportunity or facility for committing an offense in furtherance of criminal purpose which such person has originated.”
State v. Matt, 2005 MT 9, 106 P.3d 530. · cites it 2× “” Clearly, § 45-2-213(l)(a), MCA, requires the finding of the additional element that the offense of assault be committed with a weapon, and thus, cannot be established by the same or fewer elements required to establish an offense under § 45-5-210(l)(a), MCA.”
State v. Farnsworth, 783 P.2d 1365 (Mont. 1989). · cites it 2× “rict Court properly instruct the jury as to the defense of entrapment? The District Court gave the following instruction regarding entrapment: “The elements of the defense of entrapment: (1) Criminal intent or design originating in the mind of the police officer or informer; (2)…”
City of Libby v. S. Hubbard, 2018 MT 2, 390 Mont. 108. · cites it 2× “Generally, to establish ineffectiveness, a defendant must show that (1) counsel’s representation fell below an objective standard of reasonableness and 2 See also § 45-2-213, MCA (“[a] person is not guilty of an offense if the person’s conduct is incited or induced by a public…”
State v. Sweet, 1998 MT 30, 954 P.2d 1133. · cites it 2× “See § 45-2-213, MCA. ¶23 Both transactions between Sweet and O’Donnell were recorded on tape.”
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Mont. Code Ann. § 45-2-213(l)(a): 1 case
State v. Matt, 2005 MT 9, 106 P.3d 530. “” Clearly, § 45-2-213(l)(a), MCA, requires the finding of the additional element that the offense of assault be committed with a weapon, and thus, cannot be established by the same or fewer elements required to establish an offense under § 45-5-210(l)(a), MCA.”
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