Flattery, fraud, harassment, threats, and pressure are all examples of entrapment in sex crimes. It is not enough for law enforcement to present the opportunity for you to participate in an unlawful act like a sex offense for the entrapment defense to be valid. If you believe law enforcement officials coerced you into committing a crime, and you are normally considered someone who abides by the law, you may be able to use the entrapment defense.
Sex crimes, in particular, may involve entrapment, as the police will often conduct sting operations that go too far. For instance, undercover police may have threatened you, committed fraud, or harassed you into committing a sex crime despite your initial resistance.
Understanding when entrapment is considered a viable defense is essential when considering your legal options. Having a Los Angeles sex crimes lawyer working for you can give you access to the insight and resources you need to avoid a conviction. Here is more about how entrapment works in sex crimes, how to prove entrapment, and the types of sex crimes where an entrapment defense makes the most sense.
What is Entrapment Under California Law?
According to the Alameda County District Attorney’s Office, entrapment may be a valid defense, but only in situations where police have induced a “normally law-abiding citizen” to commit a crime they would not have otherwise committed.
The evidence must clearly show that the police coerced you into committing the crime and that you would not have committed the crime if it were not for law enforcement’s actions. The police do have the legal right to present an opportunity for you to commit a sex offense. The statute applies to anyone who is acting on behalf of the police as well, so you may be protected if someone other than a police officer entraps you.
Several factors will be taken into consideration when determining whether entrapment is a valid defense option for your case. We are going to look at your criminal record, whether you intended to commit the offense, and how the jury will perceive you to determine if entrapment is the best defense strategy based on the circumstances of your case. Ultimately, how you responded when you were solicited to commit a sex offense will have the greatest impact on your defense.
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Proving Entrapment in CA Sex Crimes
To prove entrapment, we must meet the burden of proof. Interestingly, as described under the California Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, the burden of proof is not beyond a reasonable doubt to show that entrapment has occurred.
Instead, it is based on a preponderance of the evidence that the police coerced a “normally law-abiding person” to commit the sex offense in question. This means the evidence must be powerfully compelling and convince the jury that the police, more likely than not, pressured you into committing the crime.
For example, if the police promised you that the sex offense would go undetected, this could be considered coercive or fraudulent conduct. If the police attempt to appeal to your sympathy or friendship, or they make guarantees that the incident in question is not against the law, you may also be able to show that they entrapped you. If you are not sure whether your case rises to the level of entrapment, do not hesitate to consult your Los Angeles violent crimes lawyer for further insight.
Types of Sex Crimes That May Come With Entrapment
One of the most common types of crimes that require the entrapment defense are those involving sex offenses. The penalties of a sex crime conviction will likely follow you for the rest of your life. For this reason, it is imperative that you use the entrapment defense when applicable to clear your name of the charges against you.
Child Pornography Under California Penal Code 311
If you are accused of committing child pornography under California Penal Code § 311, you could be facing misdemeanor or felony charges, depending on the circumstances of your case. When aggravating factors apply, charges will more than likely be elevated to the felony level.
If convicted, you could spend up to eight years in a California state prison and pay up to $10,000 in fines, in addition to being required to register as a sex offender on the California sex offender registry.
Prostitution Under California Penal Code 647(b)
Prostitution is most commonly tried as a misdemeanor under California Penal Code § 647(b). If this is your first time being accused of prostitution, you could be facing up to six months in jail and fines not to exceed $1,000. However, subsequent convictions could lead to mandatory minimum jail time, fines, and the requirement that you register as a sex offender in some cases.
Lewd Conduct in Public Under California Penal Code 647(a)
Another common sex crime involving entrapment is lewd conduct in public under California Penal Code § 647(a), as linked above. This is typically a misdemeanor offense. If convicted, you could be looking at fines of up to $1,000 and as much as six months in county jail.
Get Help From a Los Angeles Sex Crimes Attorney Today
If you believe the police engaged in outrageous conduct and entrapped you into committing a criminal offense against your will, you may be able to use the entrapment defense to clear your name. Understanding how entrapment works in sex crimes is crucial as we consider your defense options.
Fortunately, when you have a highly experienced Los Angeles criminal defense lawyer from Simmrin Law Group working for you, the criminal justice system does not need to be so intimidating.
We can help you safeguard your future and demand justice. By presenting a compelling entrapment defense strategy at trial or by working out a plea agreement with the district attorney, we may be able to get you home to your family sooner. Learn more about whether entrapment is a viable defense in your sex crime case when you contact our office through our secured contact form or by phone and schedule your confidential consultation as soon as today.
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