Understanding Entrapment Defense in Florida Online Solicitation Cases
Over the years, online sex sting operations have become a popular method for law enforcement to catch suspected child predators. While online sting operations aim to protect children, they sometimes raise complex legal questions. A common legal question is whether the police entrapped the defendant. If you are charged with online solicitation and believe law enforcement induced you to commit the crime, you may be able to raise the defense of entrapment. However, successfully raising the entrapment defense may not be easy. In this article, we explain how the entrapment defense works in online solicitation cases and when it may be applicable.
How Do Online Sting Operations Work?
In online sting operations, undercover officers create fake profiles on adult online platforms, pretending to be of legal age. After initial conversations, they reveal they are minors. How the suspect responds after that determines whether they will be arrested and prosecuted. For someone to be convicted of online solicitation, they must have solicited, seduced, or enticed a minor to engage in illegal sexual conduct.
However, if a person argues that they were pressured or manipulated into committing the crime, the entrapment defense may be applicable.
Understanding Entrapment Under Florida Law
According to Florida Statutes section 777.201, entrapment arises when a law enforcement officer or their agent encourages someone to commit a crime. When an accused raises the defense of entrapment, they argue that they only committed the crime because an officer induced or persuaded them to do so.
Florida recognizes two types of entrapment: objective and subjective. Subjective entrapment, which is the more common form of entrapment, has two main parts;
- The idea of a crime must have come from the law enforcement officer or their agent.
- The defendant must not have been ready and willing to commit the crime before the officer got involved. In other words, they must not have been predisposed to commit the crime.
On the other hand, objective entrapment arises when law enforcement uses methods that are so outrageous or egregious that they violate a person’s due process rights under the Constitution. It is generally challenging to prove this type of entrapment in online solicitation cases because sting operations are legal in Florida.
Real Case Example
A recent case from Florida’s Second District Court of Appeal illustrates how courts handle entrapment in online sting operations. In this case, the defendant was accused of using a computer to solicit a minor and traveling to meet a minor after chatting with an undercover officer who was pretending to be a 14-year-old girl called “Sophia.”
At first, the trial court dismissed the charges after determining that the defendant had been entrapped and that there wasn’t enough evidence for solicitation or intent. However, the appellate court disagreed and reversed the decision. The court found that the officer merely provided an opportunity for the crime and didn’t pressure the defendant. The defendant’s explicit messages after finding out about the girl’s age and willingness to meet showed predisposition. According to the court, it is not against the law for law enforcement to create nothing more than an opportunity to commit a crime.
This case is a clear example of how challenging it can be to prove the entrapment defense. It is a reminder of why it is vital to work with a skilled defense attorney.
Legal Help Is Available
If you are under investigation or facing online solicitation charges, contact our Orlando sex crime lawyer at Joshi Law Firm, P.A. for help protecting your rights and future.
Source:
cases.justia.com/florida/second-district-court-of-appeal/2023-22-0307.pdf?ts=1688742463
