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

[Bryan Avila]

One of the things that we first need to consider is the context of the conversations that they were having via IM. Although the detective was "pushing" for the meeting, there must have been a predisposition on "Bill's" part for something more alluring to take place in order for him to agree to meet the "15 year old." My main question to "Bill" would be "Why are you even carrying on a conversation with a 15 year old that has told you she wants to fool around?" That should have been a clear indication to anyone that the conversation needed to cease...permanently.

In response to KenS, if police didn't "bother wasting their time chasing guys like “Bill” and risking entrapment issues…" what would you tell the parents of children that have been victimized?

The navigation through the legal system is quite complex, however, there has to be enough evidence (circumstantial or direct) for a conviction. There have been instances in which cases have been brought to prosecution on a whim and a prayer and resulted in a plea bargain, but they are not the rule.

It is not an easy job for them to do. For every 1 predator that is caught, there are hundreds that don't.

[Stephen P. Herman, M.D.]

Thank you for your positive comments. I appreciate it. More to come. Let me know what interests you in the field of forensic psychiatry, regarding children and adults.

[Stephen Herman, M.D.]

Good question. Judges have continuing
education, just as doctors and lawyers do. Perhaps you know of a
psychiatrist, clinical social worker or psychologist interested in this
topic. Check whos around your area. Perhaps they would be willing to
put on a program for judges. If you feel comfortable, you could also
speak about your own personal experience.

Heres a website that should be very helpful to you: http://www.stopinternetpredators.org/

[Toni Hoeppner]

The case was prosecuted in Minnesota and , oh I should have said it was a plea bargain for 3 years. Minnesota is a very liberal state insofar as its criminal prosecutions go.

How do you suggest we educate the judiciary? I've seriously considered setting up a non-profit just for that purpose - educating attorneys, judges, psychologists, parents, etc. I don't know where to start.

[Stephen Herman, M.D.]

To me, that seems like a pretty lenient
sentence - especially since the guy was violating probation. Sometimes
judges dont realize the damage that these Internet lurings can do to a
young child. There are a lot of sick people out there just loving the
Internet so that they can take advantage of people - especially young
people. Maybe we need to educate the judiciary about the damage that
this does.

[Toni Hoeppner]

Dr. Herman wrote,

"just about EVERYTHING is
discoverable by forensic computer experts - even before they take the
actual computer for analysis. That includes: IMs, regular e-mail,
websites, and even the sound and video from SKYPE and similar programs."

My 13yo daughter was lured by a sex predator through the internet. They used SKYPE and similar web based chat programs to communicate and NONE of their communication (other than a couple of emails) was ever provided to the investigators, even with subpoenas. The offender only received a 3 year prison sentence, despite the fact that he was on probation for possession of child porn at the time and broke several rules of probaton in the process of enticing my daughter.

[Stephen Herman, M.D.]

These are excellent questions. The definition
of entrapment varies from state to state. What might seem as obvious
entrapment in one state, may not be in another. There are two general
concepts of entrapment: one is that the police believe objectively that
this arrest was legitimate and necessary. (The DA might or might not
agree.) The second concept is that there was intent on the part of
the alleged perpetrator to do something illegal.

It would seem to a reasonable person that the cases I listed are
clearcut examples of entrapment. However, a lot depends upon what the
alleged perp is doing before arrest and what his intent was. The more
you delve into the law in various states, the more confusing it gets!
Turns out this concept - as with so many other legal statutes - is not
always well-defined.

In any case, people on the Internet who engage in the sort of
communications I described forget that just about EVERYTHING is
discoverable by forensic computer experts - even before they take the
actual computer for analysis. That includes: IMs, regular e-mail,
websites, and even the sound and video from SKYPE and similar programs.

[buy valtrex]

Why are these internet sex sting operations not considered entrapment in a court of law?
Can you explain the parameters of how these types of operations evade the definition of entrapment?

[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.