If you were involved in a sting operation in Florida and are wondering whether you were entrapped, it is important to understand the legal distinction. Entrapment can be a valid criminal defense in certain cases, but not every sting operation qualifies as entrapment.
What is entrapment?
Entrapment happens when law enforcement or their agents persuade or pressure someone into committing a crime they would not otherwise commit. The key is that the person had no prior intention or inclination to break the law before the officers got involved. If law enforcement simply gives a person the chance to commit a crime and that person takes the bait willingly, it is not considered entrapment.
Entrapment in Florida law
Our state recognizes entrapment as a defense under Florida Statute, Section 777.201. This means if you can show that you were induced by law enforcement to commit the crime and that you had no predisposition to engage in the illegal activity, the entrapment criminal defense may be available. In Florida, this is an affirmative defense, which means that you must admit that the crime was committed, but with this defense, you argue that you were unjustly influenced by law enforcement.
Key elements of entrapment defense
To successfully claim entrapment in Florida, two critical elements must be proven. First, defendants must prove inducement. This means that they must demonstrate that law enforcement induced or encouraged them to commit the crime. This can involve repeated pressure, trickery or other coercive tactics.
Second, they must demonstrate a lack of predisposition. Defendants need to show that they were not predisposed to commit the crime. This means they had no prior intent or inclination to break the law before being influenced by law enforcement.
Sting operations and entrapment
Sting operations are commonly used by law enforcement to catch criminals in the act. However, not every sting operation qualifies as entrapment. If law enforcement merely provided an opportunity for someone who was already inclined to commit a crime, then it is likely not entrapment. The line between a lawful sting and entrapment lies in whether defendants were induced to commit a crime they had no intention of committing.
If someone has been caught in a sting, it does not automatically mean they were entrapped. To claim entrapment, they need to prove that law enforcement influenced them to commit the crime and that they were not predisposed to do so. Understanding these distinctions is crucial when evaluating defense options in Florida.