Sex Offenses & Internet Crimes

What is entrapment and does it apply to online stings?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It's a recognized defense, but a narrow one — and the fact that officers created the opportunity generally isn't enough.

Entrapment requires more than law enforcement providing an opportunity to commit an offense. Florida recognizes both a statutory and a due process version, and both are demanding.

The statutory defense generally turns on whether the person was induced to commit an offense they weren't predisposed to commit. Predisposition is the battleground, and the State points to the person's own words, how quickly they engaged, and who escalated.

The due process version addresses conduct by law enforcement so egregious that prosecution offends fundamental fairness. It's rarely successful, but it exists.

What actually matters in practice: who initiated, who introduced the sexual content, who first raised age, how persistent the officer was, whether the person attempted to disengage, and whether the operation was conducted according to any governing protocol.

That last item can generate discoverable material — operational plans, communications, and supervision records.

The honest assessment is that entrapment succeeds infrequently. But the underlying facts it depends on are the same facts that shape everything else in the case.

Who said what first, and in what order, is the question. That's answerable from the records. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.