There are a number of reasons for law enforcement to charge an individual for a crime. A person may be suspected of stealing, burglary or drunk driving for example. Any one of these allegations may result in an investigation, criminal trial and damage to reputation. Yet, there is one charge and one manner of obtaining evidence upon which to base such a charge that can be particularly troublesome to the accused, sex crime allegations based on undercover operations.
Recently, the Fort Bend County, Texas Sheriff’s office arrested a man on suspicion of attempted kidnapping. According to authorities, the man engaged in some minimal conversations with a fourteen year old girl on Facebook. The parents noted the exchange and contacted Texas authorities. From then on, the sheriff’s department engaged in electronic conversations with the man, posing as the girl.
The man was subsequently arrested near Katy, Texas. Authorities believe he was planning to kidnap the girl and possibly take her out of the country. One potential defense that may be brought forth by the man is that of entrapment.
Entrapment is a defense that an individual engaged in the conduct alleged because he was induced to do so by law enforcement. Conduct that merely allows that individual to undertake the action is not enough to meet entrapment requirements. However, if an individual is pushed to do an act, and would likely not have done the act had law enforcement not made such inducement, entrapment may be present.
Attempted kidnapping is a second degree felony which carries with it a two to 20 year jail sentence and a fine up to $10,000. The consequences to the allegations at hand are high. Thus, a strong criminal defense might address and fully investigate the prospect of an entrapment defense. Adequate representation in a sex crime case is vital because the consequences are so immense.
Source: Examiner, “Internet chat leaves man in jail for attempted kidnapping,” Breck Porter, August 22, 2012