Entrapment issues arise frequently in solicitation of a minor prosecutions in Florida. Many of these cases begin with undercover operations. Police or online task force members pose as minors or as adults claiming to be guardians. They initiate conversations, join chat rooms, post online ads, or respond to messages.
Some people targeted in these operations never intended to commit a crime. They are encouraged, pressured, or pushed into conduct they would not otherwise have engaged in. That is where the concept of entrapment becomes crucial.
Entrapment occurs when law enforcement induces a person to commit a crime they were not otherwise predisposed to commit. Not every sting operation qualifies as entrapment. The key question is whether officers or agents created the criminal intent or merely provided an opportunity to someone already inclined to offend.
My job as your attorney is to examine every communication, every message, and every step of the interaction to determine whether government conduct crossed the legal line.
How solicitation sting operations typically work
Florida agencies and federal task forces conduct online sting operations frequently. Most involve:
• chat applications
• dating websites
• social media platforms
• online classified ads
• messaging sites
• gaming platforms
Investigators often:
• create fake profiles
• claim to be underage
• initiate casual conversation
• move communications off the platform
• encourage meetings
• use suggestive language
• schedule a location encounter
The conversation history is then used as the basis for arrest.
Entrapment defenses require a very careful examination of who initiated sexual discussion, whether reluctance existed, and what officers said or did during the chats.
Florida’s entrapment law
Florida recognizes both subjective entrapment and objective entrapment.
Florida Statute §777.201 Entrapment
This statute governs entrapment defenses in Florida.
Summary of the statute:
Entrapment occurs when a law enforcement officer or someone acting with law enforcement causes a person to commit a crime through persuasion, inducement, or other means likely to cause conduct by someone not otherwise ready to commit it. If law enforcement merely provides an opportunity to someone already willing, entrapment does not apply.
Courts also review whether the government’s conduct was so outrageous that it violates due process.
Two major forms of entrapment in Florida
Subjective entrapment
This focuses on the accused person.
Key questions include:
• did the accused have prior intent
• who started the suggestive conversation
• did the accused resist or hesitate
• did police increase pressure
• did officers introduce sexual themes first
• did the accused attempt to stop or back away
If the person lacked predisposition, subjective entrapment may apply.
Objective entrapment
This focuses on police conduct.
Important factors include whether officers:
• exploited vulnerability
• applied pressure or persistent persuasion
• threatened emotional consequences
• used repeated or escalating inducements
• created sexual content not initiated by the accused
If police conduct shocks fundamental fairness, dismissal may be warranted.
Signs that entrapment may have occurred
Possible red flags include:
• repeated persuasion after refusal
• officer introducing sexual content first
• the accused initially refusing or expressing doubt
• discussion beginning on innocent topics
• officer pushing for a meeting when the accused hesitates
• threats such as “you will upset me if you do not come”
• fabricated emotional crises to induce action
• officer inventing urgent reasons to meet
• promises of secrecy, affection, or emotional support
Not every sting involves entrapment. Many do not. But when these elements exist, a strong defense can be built.
Why entrapment matters in solicitation of a minor cases
Solicitation charges typically rely on:
• text messages
• screenshots
• chat transcripts
• undercover officer testimony
If those records show pressure, inducement, or manufactured intent, the law may protect you. Entrapment defenses can result in:
• dismissal of charges
• suppression of evidence
• acquittal at trial
• favorable plea negotiations
A private attorney is essential because entrapment litigation requires extensive review of chat logs, expert testimony, and detailed legal motion practice.
Real case example
A client contacted me after being arrested in an online sting. An undercover officer created a profile suggesting youth but did not clearly state age at the start. My client engaged in casual conversation only. When age was later mentioned, he expressed reluctance several times.
The officer responded with:
• repeated messages throughout the evening
• suggestions that “nothing would happen”
• statements implying loneliness if he refused
• pressure to meet at a particular park
My client eventually agreed to meet but never engaged in sexual conduct.
I filed a motion asserting both subjective and objective entrapment. The court held:
• the client initially resisted
• the officer initiated sexual themes
• persistent pressure created inducement
The prosecution dismissed the most serious counts and reduced the remaining matters significantly.
Every case differs and no result can be promised, but this example shows how powerful entrapment defenses can be.
How I build an entrapment defense
My work includes:
• obtaining full chat transcripts, not just excerpts
• reviewing deleted messages
• analyzing whether police agents changed age mid-conversation
• examining tone, pressure, and inducement
• consulting digital forensic experts
• interviewing my client regarding mindset and reluctance
• comparing tactics to entrapment case law
I then prepare:
• motions to dismiss
• motions to suppress
• trial defenses when appropriate
Proving entrapment requires detail-driven advocacy and experience with sting operations.
Why you should not rely on partial chat records
Officers often present only the pieces that make someone look guilty. Entrapment frequently appears in:
• earlier parts of conversation
• deleted messages
• screenshots not originally included
• platform logs
Full context often shows:
• reluctance
• hesitation
• officer-created sexual content
• pressure applied over time
Private counsel can compel production of complete digital records. That is critical.
Why you need a private defense attorney immediately
Early legal representation allows me to:
• instruct you not to speak further with officers
• preserve digital evidence
• subpoena full messaging histories
• prevent access to additional accounts
• prepare entrapment motions correctly
• negotiate directly with prosecutors
Without legal guidance, people sometimes unknowingly provide statements that damage entrapment claims. Having a defense attorney at the earliest stage protects your rights.
FAQs about Entrapment Defenses, Florida Solicitation of a Minor Defense Attorney
What is entrapment in a solicitation of a minor case?
Entrapment occurs when law enforcement induces a person to commit a crime they were not otherwise predisposed to commit. If officers created the idea, encouraged it repeatedly, or pushed beyond simple opportunity, entrapment may apply.
Is every online sting operation entrapment?
No. Police are allowed to pose as minors or decoys. The question is whether you were already inclined to commit the crime, or whether the officer manufactured the intent by applying pressure or persuasion beyond providing opportunity.
What if the officer contacted me first online?
This is an important factor but not automatically enough to prove entrapment. Courts look closely at who initiated sexual topics, whether you refused, and the amount of pressure used. Being contacted first often strengthens the defense argument.
What if I said no at first but eventually agreed?
Initial refusal followed by repeated persuasion is one of the strongest signs of entrapment. Prosecutors often rely on later messages, but full context matters. Courts consider reluctance as strong evidence that predisposition did not exist.
Does it matter if I never met anyone in person?
Even online communication alone can result in charges, but it also means the state relies entirely on written messages. Those messages can reveal entrapment through inducement, emotional manipulation, or repeated pressure from officers.
Can I claim entrapment if I was already talking sexually online before the sting?
It depends. Prior conduct may show predisposition, but not always. Courts review the specific facts. Evidence of prior lawful conversations does not automatically defeat an entrapment claim.
Can entrapment lead to a complete dismissal?
Yes, when proven. Judges may dismiss charges outright if they find either subjective or objective entrapment. In other cases, the defense significantly improves plea negotiations or reduces penalties.
Should I talk to police to explain that I was pressured?
No. Do not try to explain or justify statements. Anything said can be used against you and may harm your case. Speak only with a defense attorney who can present the entrapment argument properly.
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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.