Understanding Entrapment in Online Sex Crime Cases
Introduction
Entrapment is a common defense in online sex crime cases, particularly when police use undercover officers posing as minors to initiate conversations and solicit illegal activity. While sting operations are legal in California, law enforcement must follow strict guidelines. If an officer improperly induces someone to commit a crime they otherwise wouldn’t have committed, it may be considered entrapment.
This article explains what qualifies as entrapment under California law, how it’s used as a legal defense, and when it may apply in online sex crime investigations involving chat apps, social media, or email.
What Is Entrapment in California?
Entrapment occurs when law enforcement agents persuade, pressure, or coerce someone into committing a crime that they had no intention of committing. California courts define entrapment under the “objective test,” which focuses on whether the conduct of the police would have caused a law-abiding person to commit the offense.
Key elements that may support an entrapment defense include:
- Repeated pressure or harassment by the undercover officer
- Promises of leniency, financial benefit, or romantic involvement
- Initiation of all conversations and illegal suggestions by law enforcement
Simply providing an opportunity to commit a crime is not entrapment—there must be clear inducement or coercion beyond mere access or baiting.
Entrapment in Online Sex Sting Operations
Entrapment arguments are most often raised in cases involving charges such as online solicitation of a minor or sending harmful material to a minor. In these cases, undercover officers may pose as minors on social platforms or dating apps to identify potential offenders.
A strong defense may involve showing that:
- The accused repeatedly tried to disengage or did not initiate the exchange
- The officer escalated the conversation to sexual content
- The alleged intent was fabricated or provoked by law enforcement
An experienced attorney will analyze chat logs, timestamps, and the full context of the communication to determine whether entrapment occurred and if the defense can lead to a dismissal or acquittal.
