Legally, are you able to trap a person into committing a crime?
Isn't there a law that you can't arrest a person if you try to get them to do a crime? Like if a girl offered a guy sexual favors if he found a drug dealer and bought drugs for her. I remember seeing a tv show with that (maybe Boston Legal) and I don't think he was able to be prosecuted cause "no guy would turn down a bj from such a hot girl". But how does this work with those cops that pretend to be 13 year old girls and solicit them to have sex and then arrest them at the house? Where do you draw the line? Thanks!
Answers:
ENTRAPMENT has occured when the POLICE cause a person to commit a crime that the individual would not otherwise have committed. The people who are online and busted when they try to set up a date...? The police are not contacting the pervs, it's the other way around, and the police are perfectly within their rights to arrest these people.
Therefore, I don't think the other scenario you listed would be considered entrapment. Just tacky : ) BTW, in many states it is now illegal to use the internet to even SOLICIT a minor for sexual activity. Believe me honey, crimes have been committed!
yeah it's called entrapment, I know I seen the show, on one end they are perves and sicko's but on the other end, they have been set up, and really no crime has been commited, it's a tough one.
Yes they are allowed to do that. That is not entrapment, because they are not forcing you to commit the crime, simply posing a possible conspirator. It's not ethical for a man to accept a bj for returns either, so he made the choice to take it.
Entrapment would be forcing you to buy drugs and the arresting you for possession. It's defined as making somebody do something illegal that they normally would not do. Discretion on normallity is up to the judge/jury. It's not normal to meet up with a child for sex.
That depends on your definition of trap a person into comitting a crime.
The police should not attempt to entice a law abiding person into engaging in an act that that person would not normally engage in, except for the enticement of the police officer.
With respect to officers pretending to be 13 years old, they are dealing with someone who is looking for 13 year olds to have sex with.
The police try to catch those predators before they actually get to a 13 year old..
I take it that this applies to you.
If that is the case I recommend that you hire a good defense attorney, preferably an attorney who is a former prosecutor.
If you truly would never have even considered having sex with a 13 year old except for th police officer trying to get you involved with the crime, you have a good case.
A good defense attorney can get you acquitted, or even better persuade the DA not to charge you in the first place.
Remember the Duke La Crosse players? The DA that charged them was disbarred and his life is ruined.
A good defense attorney will remind the DA as often as possible of what happened to the prosecutor in the Duke case.
However if you make a habit of soliciting 13 year old girls for sex, there is no hope for you.
That would be like a female police officer dressing up as a hooker and walking the streets. The job approaches her and gets busted. They were still soliciting for prostution. They know it's illegal and were trying to do it. So it's not entrapment.
See sex with a 13 year old is a crime even if it is consentual sex. If the girl was of consentual age then it wouldn't be a crime and there would be no need for dateline.
The people pretending to be 13 always inform the guys who are trying to have sex with them their age. If the girl tells them she is 13 all conversation about any sexual acts should be aborted.
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