“[5] Criminal Law
What Constitutes Entrapment
There are two elements of the entrapment defense: (1) that the defendant was induced by a government agent or one acting at his direction, and (2) that the defendant lacked predisposition to engage in the criminal conduct of which he is accused.
3 Cases that cite this headnote
[6]Criminal Law
Matters of Defense and Rebuttal in General
The defendant asserting an entrapment defense has the initial burden of producing some evidence of inducement by the government; the burden then shifts to the Commonwealth to prove beyond a reasonable doubt that (1) there was no government inducement or (2) the defendant was predisposed to commit the crime. “
- COMMONWEALTH v. Daniel J. MADIGAN Com. v. Madigan, 871 N.E.2d 478 449 Mass. 702 (2007)
Undercover decoys are not allow to offer you money for sex except when there is evidence you are predisposed to commit a crime.
For escorts, posting an escort ad with no sexually explicit services is not predisposition to commit a crime of prostitution. Escort services are legal because the client is paying for companionship. Just because other escorts do illegal activities doesn’t mean that you do illegal activities. THAT IS NOT EVIDENCE THAT YOU ARE ENGAGING IN A CRIMINAL ACTIVITY.
Yes, police is allowed to make the first offer for sex for pay on the condition that there is predisposition evidence the escort or hobbyist may commit a crime of prostitution. Without this evidence, the solicitation is considered entrapment.
If an escort agree over the phone for companionship and the officer make an offer for sex for pay at the beginning of the appointment that is entrapment. If the escort uses companionship as a front prostitution, the officer must have evidence that you use companionship as a front for prostitution. Then they are allowed to book an appointment for companionship only and sting the escort.
If the hobbyist agrees to companionship with the decoy over the phone, it is entrapment for the decoy to offer you sex for pay at the appointment. They must have evidence that the hobbyist is predisposition to solicit for prostitution services. The evidence can be the hobbyist mentioned about condoms over the phone, ask if they will do it without a condom, ask for sexual services, or make any reference that you coming there for sexual services.
Yes, you may have sexual suggestive advertisement. It depends on how it is worded. If it is one of the preferences that you have, then it may be entrapment for the undercover decoy to make the first offer. If it is listed as a guarantee services and you place a price on it, then it is NOT entrapment for them to make the offer first because they have predisposition evidence that you will commit a crime.
It is the prosecutor’s job to supply the evidence that you have a predisposed mind to commit a crime of solicitation before the solicitation. If they cannot prove it, then the solicitation is entrapment.
Why are there not enough entrapment defense brought up? Many legal experts believe that there is a predisposition of guilt mind for anyone seeking escort services. This is caused by the media propaganda. There are men that seek escort services to be just with a woman and have conversation. Not all escort service appointment ended up with sex act.
If you buy into the propaganda that all escort services is prostitution, then you have a guilty state of mind. The Maxims “Actus non facit reum nisi mens sit rea” an act does not make the doer guilty unless his or her mind is guilty.” You cannot use the entrapment defense.
If you believe that the purpose of the appointment was for companionship, and you got tempted into accepting an offer for sex for pay, then it is legal because you have been entrapped into the act.
Here is an argument for open court, “I know that escort services are lawful. There is nothing in the law books that criminalize me from purchasing escort services. I had no intent to purchase sexual services. I was tempted into purchases because of temptation. Now show me the evidence that I was predisposition to commit the act of soliciting for prostitution services. If the police cannot provide evidence that I had a predisposition before the appointment to commit such crime, it is entrapment for them to offer sex for pay to me. ”
Just because there are court cases that stack against you, it doesn’t mean you cannot bring up the argument in open court. The reason is that each case is fought differently. The courts can only rule based on what is given. The courts can change the way they rule though time. If you don’t submit the entrapment defense, the prosecutor doesn’t have to prove a predisposition evidence to commit a solicitation of prostitution services. You can always ask for evidence and contest the evidence. An example, you can contest a sexy photo of you as not predisposition evidence.
Just remember street talk or code words will not get you out of the situation if you first offer sex for pay or there is predisposition evidence.
Disclaimer
Not legal advice. The entrapment defense may vary from state to state. These are legal theories only.