Internet Predator or Entrapment?

I have been referred a number of cases lately involving men arrested for allegedly using the Internet to ensnare young girls. I write "allegedly" because sometimes it's a bit tricky to know whether the case is one of legitimate apprehension of a predator or else an overuse of power by a public official.

A typical statute will define "entrapment" as being an unjustified use of police power to capture an individual committing or about to commit a crime which he/she would NOT have committed but for the involvement and prodding of the public official. In other words, it's a question of having a predisposition to commit the crime and/or having it be premeditated.

An Internet predator is usually a man who uses the Internet to lure young or vulnerable girls, boys, women or men into a meeting for his own sexual gratification. Often there is a power disparity between the predator and the victim.

Here's an example, with all names, of course, changed: Bill is 33 years old and is a lonely, shy and insecure young man. He enjoys looking at and reading pornographic magazines.He has no girlfriend, but he does have online "friends" he meets in various Internet chat rooms. One evening he "meets" Jennifer, and they soon move to a quicker, IM form of conversing. Over the course of several days, Jennifer tells Bill she likes him and finds him interesting and romantic. She writes that she would like to meet him. One night she admits that she is 15 years old. Bill tells her he cannot continue this IM chatting because she is underage, and "jailbait." She tells him she is turned on to him and just wants to see him and maybe "fool around" a little bit. He demurs, saying she is too young.

Jennifer pleads with Bill over the next three nights. He still says no. Finally, she accuses him of being a coward. He objects to this and tells her that he will meet her but only for a little while. He suggests they meet at Exit 17 off the Interstate. Bill shows up at 10:30 PM. He is immediately surrounded by police cars, and learns that "Jennifer" is a 30-year-old female detective. Bill is arrested, handcuffed and taken to jail.

Is Bill a predator or is this entrapment. What do you think?

Helpful links: Entrapment

                    Internet Predators

                   

Comments

[Stephen Herman, M.D.]

Your points are well taken. However, legal reality is often different from what appears to be right or wrong for children. Would this man have made his move without possible enticement by a police officer? Each case must be handled on its own. The issue is one of a predisposition toward this kind of behavior. The legal issue may have to do with a balancing of public policy versus individual liberty.

[Jonathan]

In recognition of the differences in power and authority between adults and children, society appropriately has created special protections for children that might not be necessary in the case of autonomous adults. The Supreme court for example just upheld child pornography legislation despite the appearance of violations of adults' freedom of speech.

In this case Bill crossed the line separating children from stranger adults. Although he may protest that he only meant to meet Jennifer for "a little while", we are not actually privy to what might have been going on in Bill's head. Anyone who would knowingly agree to meet a 15 year old at an interstate exit is a menace and deserves to be arrested.

[Stephen Herman, M.D.]

There are cases like this all over. You'd think that cops have more important things to do than go after schlemeils who are lonely and clearly not sexual predators.

[Alan Lipschitz]

This one seems like a clear case of entrapment. The alledged offender refused the "bait"'s invitations to meet multiple times. She finally pushed him into agreeing to meet. It's an unfortunate fact that police and prosecuters' moral outrage sometimes causes them to cross the line.

[Stephen Herman, M.D.]

Thanks for your comments. A couple of things: police arrest; a prosecutor decides whether to bring a case to court or not - or the prosecutor can offer a plea. Believe it or not, 90% of criminal cases are decided by plea-bargaining and never make their way to court.

Entrapment statutes generally allow this defense to proceed if there is no evidence that the defendant had a predisposition toward criminal behavior and, but for the activities of police, would not have been led to commit a crime.

[KenS]

He is a victim of entrapment. When police arrest someone and takes them to court for Internet luring, they have to provide sufficient evidence that the predator was the aggressor. No judge would (err... should) allow this case. If law enforcement abuses their privileges, they need to be dealt with. If "Bill" were somehow convicted -- that's what appeals are for. Plus, his attorney would have access to his computer where they could find records of conversations and prove entrapment.

I know cases like this happen rarely... It's no reason to slow down in the nabbing and prosecuting of online predators. If a guy (or girl) is pathetic enough to have to troll the Internet for sex - fine... just as long as the other person is over 18. I don’t think police need to bother wasting their time chasing guys like “Bill” and risking entrapment issues… there are plenty enough pervs on the Net that will chase a 15-year-old.