The Fine Line Between Entrapment and Sting Operations

San Jose Sex Crime Lawyer And Santa Clara Sex Acquisition Attorney

For several years, one of the most popular shows on television was a news magazine program called “To Catch a Predator.” The show was comprised of footage of sting operations through which police and certain watchdog groups worked together in order to catch possible sex offenders.

For example, to catch one man in a particular episode, a woman posed as a 13-year-old girl online and began chatting with him on message boards and chat rooms. She eventually invited the man to “her home” which was actually the sting house. He arrived at the home and was confronted by Chris Hanson—the host of the show—and a barrage of cameras. Most of the men involved in this televised sting operation were arrested as soon as they walked out of the house. Sting operations like these happen nearly every day in jurisdictions around the country. Police, however, walk a fine line between the law and entrapment when they catch criminals in this way.

Proving Inducement

Entrapment occurs when two conditions are met. First, the government—including the police—must “induce” or cause the crime to take place. Secondly, the defendant must lack a predisposition to engage in the criminal conduct. Inducement is the starting point in an entrapment defense. Solicitation to commit a crime is not the same thing as inducement. Inducement requires a showing of at least persuasion or mild coercion. So, in the “To Catch a Predator” series, if the adult decoys posing as young children on the internet merely tell the perpetrator that they are home alone and then the perpetrator suggests illegal sexual activity, the men can be arrested. This is not considered entrapment.

When asked about if the show crossed the line into entrapment, Chris Hanson responded, “It’s not entrapment. Because the decoys never make the first move. Nor do they raise the issue of having sex. It’s always the potential predator that does that.” The difference between entrapment and a sting operation is that stings are legal. Entrapment, which is against the law, occurs when law enforcement persuades a person or group to commit a crime that they would otherwise have been unlikely to commit.

Have You Been Accused of a Sex Crime?

Sting operations are used by police to catch potential thieves, drug dealers, sex offenders, and those involved in illegal prostitution. Being accused of one of these crimes can have devastating lifelong consequences. If you are accused, or even suspected, of a crime, it is crucial that you seek assistance from an experienced Santa Clara County criminal defense attorney. Contact Wesley J. Schroeder, Attorney at Law, by calling 408-277-0377 today.

Sources:

http://www.nbcnews.com/id/11131562/ns/dateline_nbc/t/inside-dateline-why-its-not-entrapment/

https://www.justice.gov/usam/criminal-resource-manual-645-entrapment-elements