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.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Montana Code 45-2-213

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201