Law enforcement agencies at all levels often use online “sting” operations to catch people engaging in illegal activity – often involving minors. They typically have officers or agents in a chat room, on a social media platform or app or even on a gaming platform pretending to be a minor or someone offering images or activity involving a minor.
People who are arrested and charged with criminal activity because they interacted with one of these undercover law enforcement employees may argue that they were the victim of entrapment because an undercover agent talked them into something they didn’t originally intend when they initiated the interaction.
What does Georgia law say?
According to Georgia law, “A person is not guilty of a crime if, by entrapment, his conduct is induced or solicited by a government officer or employee, or agent of either, for the purpose of obtaining evidence to be used in prosecuting the person for commission of the crime.” For “entrapment” to be used as a defense, a person needs to show that “the idea and intention of the commission of the crime originated with a government officer or employee…and…the accused would not have committed [the act] except for the conduct of such officer.”
Law enforcement agencies and those involved in these online stings as well as other undercover activity must often walk a fine line where they present the opportunity for someone to commit a crime so they can catch them in the act without talking them into doing something they didn’t intend to. For example, an undercover officer can generally offer to provide explicit photos or videos of minors, but they can’t talk a person into it if they say no.
Entrapment often isn’t a black and white issue. Prosecutors, judges and juries need to look at the full interaction. If a defendant can successfully argue that they had no intention of engaging in illegal activity (for example, wandered into the wrong chat room) but were encouraged or coerced into committing a crime, it may be hard to prove guilt beyond a reasonable doubt.
A sex-related criminal conviction can follow someone for the rest of their life. Given all that is at stake, determining whether entrapment is a viable defense or whether another strategy is preferable generally requires experienced legal guidance and support.