As more illegal activity has moved online, law enforcement agencies have moved there to catch people engaged in criminal actions. That includes sex-related offenses involving minors.
These agencies often conduct “sting” operations where officers and agents go into chat rooms, gaming platforms and other social media sites where they pose as minors. Some pose as people claiming to be able to connect users with child pornography or other illegal items or activity.
All undercover law enforcement professionals and those working for them (like confidential informants) have a responsibility not to act in a way that would allow a person they caught breaking the law to use an “entrapment” defense.
What does the 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.”
To claim “entrapment,” a defendant must 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.”
Opportunity vs. coercion
That generally means an undercover officer can present an opportunity to break the law, but they can’t coerce someone into doing it or threaten them if they don’t. They also need to be sure the person with whom they’re communicating knows what is involved and isn’t being tricked into doing something illegal.
The law does allow officers to use some deception. For example, the fact that an officer isn’t actually a minor is not a defense against agreeing to illegal activity if the defendant believed they were. Because entrapment can be a gray area, prosecutors will look at the full interaction if that defense is used.
Ultimately, unless a defendant pleads guilty, it’s up to a jury to determine whether they were entrapped into committing a sex crime or other offense. That’s just one reason why, before using this approach as a defense, it’s crucial to get experienced legal guidance.