Entrapment Defense in Georgia Sex Crime Cases
Entrapment can be a defense to criminal charges, and it is based on an interaction between government officers and the defendant prior to (or during) the alleged crime. Internet sting cases have become more common over the past decade. They are conducted by law enforcement in attempts to lure out people on the Internet that are seeking to have sex with children. However, under Georgia law, a person is not guilty of a crime if his conduct was induced or solicited by the police. If you or a loved one has been charged with a sex crime and believe that entrapment applies to your case, call us today for a free case evaluation.
What is Entrapment in Georgia?
Under O.C.G.A. § 16-3-25, there are three elements of entrapment in the state of Georgia.
- The idea for the crime must originate and root back to the state agent.
- The crime must be induced by the state agent's persuasion, incitement, or deceit.
- The defendant must not be predisposed to committing the crime.
The most important element of the entrapment defense is proving that the defendant would not have committed the crime but for the police conduct. With regard to sex cases, it must be shown that the defendant was not predisposed to engaging in sexual conduct with children.
It is important to note that an entrapment defense does not mean that a crime did not occur. Instead, the accused admits to the crime but argues they lacked the criminal intent due to entrapment.
How to Prove an Entrapment Defense in Georgia Sex Crime Cases
Proving that the entrapment defense applies to your case can be a challenging task. It requires the skill of an experienced criminal defense lawyer. There must be clear indication or proof that the accused wasn't going to commit the crime anyway.
We will spend hours gathering evidence of your background, proving that you have not engaged in this type of behavior in the past. This includes speaking with witnesses that can attest to character traits and a lack of sexually deviant behavior. Another step we can take is examining your electronic devices to show that you have not communicated with children or downloaded child pornography. Sometimes, it is beneficial for you to participate in a psychosexual evaluation.
The second part of proving the entrapment defense is the investigation into the actions of law enforcement. We will carefully examine all of the contacts you had with the officer to show how they induced you to commit a crime. Any proof of reluctance to continue the conversations or an officer's use of undue persuasion would be extremely beneficial to your case.
Every Second Counts in Criminal Cases
If you have been charged with a sex crime and believe that you were coerced into breaking the law by a government officer, call us today. Our office is open 24 hours a day, 7 days a week to assist with your case. Call now.