Legal Question in Criminal Law in California

intent to have sex with a minor intrapment?

i was arrested for talking to someone on the net saying they were 13 and wanted to meet me. i went to her house she asked me to bring condoms so i did i got there was greeted by dateline and arrested for intent to have sex with a person 13 or under. there was never any girl there just dateline and the sherriffs/ and i would have never went but she sounded older on the phone,. wich come to find out she was cause it was a volentier. my lawyer hasnt told me much yet. he says he is waitign to get paid,.


Asked on 2/06/06, 10:44 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: intent to have sex with a minor intrapment?

I doubt you will be able to claim entrapment, but then again, maybe your lawyer will be able to pull a rabbit out of a hat. You had better pay your lawyer, you surely need one.

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Answered on 2/06/06, 12:10 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: intent to have sex with a minor intrapment?

I saw the show. Apparantly 51 others were arrested during this sting.

I have a very experienced criminal attorney on staff who you could talk too. However, if you want legal representation. You need to pay your lawyer or you need to get a public defender.

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Answered on 2/06/06, 3:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: intent to have sex with a minor intrapment?

Based on what you have written I see no reason to think you were entrapped. Entrapment involves much more than merely tempting someone into breaking -- or trying to break -- the law. Instead, it requires so much pressure from the government that the defendant's unwillingness to break the law is overcome and he does something he otherwise would not have done. Unless there is a lot more to your story you probably were not entrapped.

If you genuinely believed the girl was older than 13 and if she really did sound older on the phone then you are not guilty as charged. Of course, if you believed she was over 13 but still under the age of consent you are just guilty of a different (and somewhat less odious) crime.

Your subject line suggests you believe you were arrested for "intent to have sex with a minor", but this is not true. Intending to commit a crime is not a crime in itself, but when the intent is coupled with an action taken in order to fulfil that intent the person is guilty of attempting to commit the crime, even if the action he took would have been legal had it been for a different purpose. You surely stand accused of "attempt", nont "intent".

Your lawyer does not have to give you advice until you have paid him, unless you and he already have a contract which says he does. Giving legal advice is what lawyers are paid to do, and he is well within his rights to insist you pay him before he starts working for you.

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Answered on 2/06/06, 6:02 pm


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