RE: FBI ran website sharing thousands of child porn images
January 24, 2016 at 12:31 am
(This post was last modified: January 24, 2016 at 12:33 am by Sterben.)
(January 24, 2016 at 12:01 am)Divinity Wrote: You want the legal definition of entrapment:
"In criminal law, entrapment is a practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit. It is a conduct that is generally discouraged and thus, in many jurisdictions, is a possible defense against criminal liability."
Your example isn't even entrapment either. Entrapment only occurs when someone who would not ordinarily be predisposed to commit a crime is convinced to commit a crime either by a law enforcement agent or someone acting on behalf of one.
This is NOT entrapment:
John is a normal guy who is driving down the highway. A woman, let's call her Candy, offers him sexual services for $100.00. John takes her up on the offer, and goes back to the hotel with her. Candy then reveals she is an undercover cop, and arrests him. This isn't entrapment, because John was predisposed to commit the crime. He readily accepted the offer.
This IS (most likely) entrapment:
John is a normal guy who is driving down the highway. Candy offers him sexual services for $100.00. John turns her down, and continues driving. Candy catches up with him and offers him her services again. He once again turns her down. She keeps pushing him, and even tells him she's got kids to feed. So John eventually decides to try it. He goes back to a hotel room, and Candy reveals herself to be an undercover cop and arrests him. John can likely use the entrapment defense. It'd be up to the prosecution to prove that he had a predisposition to commit the crime (such as if he had been arrested for soliciting prostitutes in the past). The defense wouldn't hold up if the prosecution could prove that John had a predisposition to commit the crime.
Law Enforcement are allowed to present the opportunity to commit a crime. They aren't allowed to persuade you to commit it.
I highly recommend reading this comic:
http://thecriminallawyer.tumblr.com/post...-entrapped
It may not be a text book version of "Entrapment" but, you do bring up a very good point there. We have no Idea of what the actual content was that provided on the site, nor should anyone try to find out. We just have to take there word on it, makes me wounder about something though. If a person was to look up the legal definition of what "Child Porn" is, would that person be put on to a watch list ?
