Law enforcement agencies take online sex-related offenses seriously – particularly when they involve minors. Catching people who engage in illegal activity online can be challenging.
That’s why agencies at all levels often use online “sting” operations to do so. One tactic is to have an officer or agent pretend to be an underage person in a chat room, website or social media platform.
What does entrapment involve, and how is it defined?
People who are arrested and charged with crimes for interacting with an undercover agent posing as a minor or offering services or content involving minors often believe they’ve been the victim of entrapment because they were talked into agreeing to something they didn’t originally intend to do.
Georgia law states, “Entrapment exists where the idea and intention of the commission of the crime originated with a government officer or employee…and he, by undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.”
Determining whether a situation involved entrapment
That means law enforcement agencies and the people they use to pose as minors have to be careful not to coerce or otherwise talk someone into doing something illegal that they didn’t already intend to do. They can only present the opportunity so they can catch them. The fact that a law enforcement officer wasn’t actually a minor isn’t typically a valid defense if the person charged believed they were.
The line between appropriate law enforcement work and entrapment can be murky. For example, an agent can ask for or offer to send explicit photos or videos. However, they can’t try to talk someone into doing something they’re reluctant to do.
In determining whether entrapment is a valid defense, it’s important to consider the actions of those working undercover and the totality of the interaction. If a person can make a valid argument that they didn’t intend to do anything illegal when they got into the situation that caused their arrest and were coerced or even encouraged to commit a crime, they may have a successful defense. That takes experienced legal guidance, which it’s important to get as early as possible.