Legal Question in Criminal Law in Illinois
soliciting prostitute
i would like to know what is necessary for an individual to be charged with soliciting a prostitute when it involves undercover police. if the officer offers to have sex for money would that be considered entrapment or does the ''john'' have to solicit the act and offer the money in order to not be considered entrapment?
1 Answer from Attorneys
Re: soliciting prostitute
There are two considerations to use a defense of entrapment: 1 - criminal act must originate with the law enforcement officer; 2 - defendant can't be predisposed to committing the crime. It is not entrapment if officer merely provides opportunity to commit crime if the defendant was ready and willing to commit the crime. Also, as to the second requirement, if the prostitute was already predisposed to committing the crime, the second element will not be met. It's a tough defense and hard to prove.
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