What is entrapment and does it apply to online stings?
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. ---
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