These days, many criminal offenses can be committed without someone ever leaving their home. Internet-related crimes can involve everything from theft to extortion to sex offenses.
Law enforcement agencies at all levels take online sex-related offenses seriously – especially those that involve child pornography and activity with minors. To catch people who are participating in this illegal online activity, law enforcement agencies often conduct “sting” operations where an agent goes into a chat room, gaming site or social media platform to find those who are seeking or offering something illegal.
While trained officers and agents know how to catch people who are already planning to engage in illegal activity, there’s always a chance that an overeager law enforcement professional or someone who is working as a confidential informant for them will step over the line into entrapment.
How is entrapment defined?
Under Georgia law, “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.”
A person who has been charged with an offense like soliciting a minor, sexual exploitation or furnishing obscene material can potentially use entrapment as a defense if it occurred under the law’s definition. That means if an agent somehow coerced them into doing something they didn’t intend to do (maybe because they wandered into a site they didn’t mean to), they could claim they were entrapped.
To determine whether entrapment is an appropriate defense, it’s necessary to look at the entire interaction between the law enforcement officer and the defendant. An experienced criminal defense attorney can determine whether a solid defense can be built on entrapment.
Regardless of whether someone believes that they were entrapped or not, being convicted of any online sexually related offense can seriously damage their future. That’s why getting sound legal guidance is the best first step for anyone facing such a charge.