Law enforcement agencies at all levels use internet “sting” operations to catch people engaging in illegal behavior online. For example, they may have an officer posing as an underage person to nab people seeking sex or even sexual images from minors.
Law enforcement officers and agents go “undercover” regularly to catch people engaging in criminal activity. Sometimes they have civilians act as government agents for this purpose. In some cases, a person who is already facing charges may agree to cooperate with law enforcement on a sting operation (usually involving people they know) to get their own charges reduced or dropped.
What is entrapment under Georgia law?
Those who end up facing criminal charges as the result of one of these sting operations often believe that internet sting operations are a form of entrapment. They can be, if they’re not handled the way they’re supposed to be. It’s important to understand just what entrapment is and how it can be used as a defense.
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.”
What law enforcement can and cannot do
Officers and agents cannot coerce or otherwise convince someone to commit a crime they didn’t intend to commit. They can only provide the opportunity to commit a crime they already planned to so that they can catch them in the act.
Internet stings are set up very carefully. Officers often create false identities in chat rooms and other places online to lure people in. They can even suggest exchanging illicit images or meeting up in person. However, if they encounter someone who is reluctant, they can’t persist in talking them into something they aren’t sure about.
For example, maybe someone goes to a site expecting to find adults, but an officer is posing as a minor. If that person doesn’t want to engage in any activity with a minor, the officer can’t try to talk them into it.
Defining the line between appropriate police work and entrapment isn’t always easy. The original reason why someone got into the interaction and the entirety of that interaction need to be considered. That’s why anyone who believes they’re the victim of entrapment should get an experienced defense attorney as early as possible.