Legal Question in Criminal Law in California
Could this be considered entrapment
My husband is a massage therapist and has been for 5 years. He often posts ads on craigs list and he was recently involved in a sting operation. My husband has never had any run in with the law what so ever. He received a call from a ''client'' requesting his service and he obliged. The woman asked if he would be able to come to the hotel they were at and he agreed (he specializes in outcalls). He was in his scrub uniform that says Massage Therapist on the back and he took up his massage table, sheets and oils. Upon entering they propositioned him and he laughed it off out of nervousness. He asked who would be getting the massage first and began preparing for the massage. The women kept insisting that he take the money first and despite his reservations he agreed and took the money and immediately set it on the dresser. A few moments later police came in and arrested him for prostitution. They had him remove his uniform shirt that said massage therapist and took him to jail. What are the legal aspects of a sting operation. and would this be considered the virtue test that I have heard about
3 Answers from Attorneys
Re: Could this be considered entrapment
Certainly it is a defense. As this will negatively affect his career, he must beat it. Get a retained attorney. 29 years exp. Contact me directly.
Re: Could this be considered entrapment
Entrapment involves the government pressuring the suspect into commiting a crime he normally would not have committed. If your version of events is accurate (which it may not be, even if it is what your husband told you) then your husband didn't commit any crime at all. Moreover, the police didn't pressure him into doing anything he wasn't willing to do.
Sting operations generally are not entrapment because they do not involve pressuring the suspect. Instead, they merely offer temptations. Giving in to temptation is not the same thing as being entrapped.
Many people -- especially those who have been caught in stings -- believe they have been entrapped, but that is because "entrapment" is a confusing name. Stings are traps, but entrapment means more than just being caught in a trap; it essentially means being pushed into a trap you otherwise would not have entered.
Re: Could this be considered entrapment
Entrapment defense might or might not work in this case. It is more difficult to prove entrapment than it is commonly thought. Your husband's case could turn upon the issue of his intent, i.e., he misconstrued the proposition and had no real intent in engaging in prostitution. Seems like facts could support this kind of defense.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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