Legal Question in Criminal Law in California
I'm trying to do a report on the wrong nature of prosecuting kids for sexting and I wanted to add a section involving entrapment. Can a cop entrap someone on the basis of sexting when they have no reason to believe that that person has ever committed a crime such as that? I.E. A cop finds a random number and influences the person to send nude pics to them when that person has never done such a thing before?
2 Answers from Attorneys
Yes, if the cop uses enough pressure.
You are a little confused over the term "entrapment" although it is not surprising. Entrapment is not a police procedure used to catch criminals. It is a defense that the criminally accused use, to allege that they are not guilty of a crime. It is a bit complex. At it's heart, it is when the police deceive or coerce a person into committing a crime that they would not have ever committed on their own.
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