If you have ever seen a crime drama where an undercover officer persuades someone to break the law, you may already have a general idea of what entrapment is. In real life, however, the legal definition is more complicated than what Hollywood portrays.
Defining entrapment under Florida law
Under state law, entrapment generally occurs when law enforcement uses methods of persuasion that create a substantial risk of a person committing a crime they would otherwise not intend to commit.
Recognizing common entrapment scenarios
Entrapment claims are often linked to cases that involve undercover operations. These can include:
- Drug cases: When an officer repeatedly or aggressively pressures you into buying or selling illegal drugs.
- Prostitution: When an undercover officer uses persistent harassment or coercion to push you to engage in illegal sexual activity after you already said no.
- Online sting operations: When agents use fake profiles to manipulate you into doing criminal behavior you did not wish to do.
Simply being involved in these operations does not automatically mean you were entrapped. Courts will evaluate whether the police initiated the criminal idea and went beyond normal investigation standards to push you into committing the crime.
Exploring the defense options available
Florida law allows two types of entrapment defenses. Each one focuses on a different question.
Subjective entrapment asks whether you were already willing to commit the crime before law enforcement got involved. The court looks at your history and how quickly you acted when the opportunity presented itself. If the prosecution can demonstrate you were ready and willing to commit the offense, the defense may not hold up.
Objective entrapment looks at the actions of law enforcement instead. This defense argues that the police went too far and violated your rights under the state constitution. If a court agrees, they may dismiss your charges regardless of your predisposition.