Back in the day, law enforcement used to catch prostitutes and their clients by surveying an area and catching the individuals in the act, or they’d recruit women to go undercover to collect evidence against clients. All of these old techniques were risky because it put women in situations of potential danger, so law enforcement began to look for new ways to police the behavior.
Then along came the internet, and clients were able to connect with women from the comfort of their home, making the action more difficult to track out in the real world. However, it made their job a lot easier at the same time, because police could pose as a sex worker without having to go undercover for a physical meeting. All they had to do was post an ad and a phone number, and let the men message them and incriminate themselves.
But this leads us to the larger question and the subject of this piece, does posting fake ads and posing as a sex worker online constitute entrapment?
Entrapment in Prostitution Cases
US law defines entrapment as a practice whereby a law enforcement agent induces a person to commit a criminal offense and that the person would have otherwise been unlikely or unwilling to commit. The second part of the definition is key, because there’s no arguing that the perpetrator was induced into commiting the act of solicitation by the undercover officer. The key in determining if entrapment exists is in the part where it says “and that the person would have otherwise been unlikely or unwilling to commit.”
In most cases, the prosecution will be able to make a pretty strong case that a person would have committed the crime had they just chosen a different ad on the internet; they just got unlucky by responding to an ad that was run by a police department. Also, most stings run by police departments ask the client to reach out more than once, solidifying that the perp was willing to commit the act and had begun the process of committing it.
With all that said, there certainly are cases where entrapment is present. The law states that the government may not use improper pressure or persuasion to get someone to commit a crime. For example, let’s say you were feeling depressed and you contacted someone from an online sex ad. You exchange messages but ultimately decide you’re not going to go through with it. If the police kept reaching back out to you after you’ve made it clear you are not interested, or they said something along the lines of sharing the messages you’ve sent on social media if you don’t follow through with the act, you could make a very strong case that the agency was guilty of entrapment.
Minneapolis Prostitution Lawyers
At the end of the day, entrapment is hard to prove and there must exist some certain specifics in order to have a valid claim, but it’s certainly an angle worth considering if you’ve been charged with soliciting a prostitute in Minnesota. The best way to fight one of these charges is to contact a criminal defense attorney who will fight for you every step of the way. Avery has helped countless individuals charged with prostitution or solicitation, and he’d be more than happy to help you in your time of need. Reach out to his office today for more information.