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State v. Fair warning, this post recounts some of the sexually graphic discussions at issue in the case. Entrapment Basics. A court may find entrapment as a matter of law and dismiss the case in certain circumstances. See State v.

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StanleyN. More commonly, where evidence of entrapment conflicts, the issue should be submitted to the jury. DavisN. MillerS. Facts in Keller.

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The two began texting and the defendant made sexual remarks. But we could not have sex until you was [ sic ] old enough. I do not want to go to jail. I had one boy I played with when he was 16 but turned 17 the next week[. Later, the following exchange occurred:.

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But will talk to you in person about it. The defendant indicated other times that he did not wish to discuss sex, but the detective continued trying to engage the defendant in sexual conversation. The detective pressed the defendant to meet soon, and the defendant ultimately agreed to do so.

Upon his arrival, the defendant was arrested for solicitation of a minor by computer and appearing at a meeting place to commit an unlawful sex act in violation of G. The defendant testified at trial that he had no intention of soliciting a minor.

He stated that he had been using Craigslist for years to meet men and met several men there that eventually lived with him. He used Craigslist specifically because it required age verification that users were 18 years old or older. All the men he had met this way were 18 years old or older, and he denied every having solicited a minor under any circumstances.

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Referring to the comment that he had been with a year old before, he explained that this incident occurred when the defendant was 19 himself 33 years ago. He stated he would not have sex with anyone underage. Majority opinion.

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The majority also found the defendant predisposed to commit the crime. His history of finding men online, the earlier sexual experience with a year old, and his admission that sex was a part of what he got in return for taking care of young men all showed predisposition to solicit a minor.

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Thus, the trial court did not err in denying the instruction. In so ruling, the court relied on the other published decision about entrapment in this context, State v. MorseN. In other words, while the defendant may have fallen into the trap laid by law enforcement, he was not legally entrapped.

Judge Inman would have granted a new trial, finding that the trial court committed reversible error by denying the instruction. The dissent objected to the evidence relied upon by the majority opinion, arguing it omitted or mischaracterized key defense evidence. The dissent also argued that the majority repeatedly failed to consider the evidence in the light most favorable to the defendant.

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After that text conversation, the defendant did not mention sex again until the detective brought it back up. FosterN. These facts, combined with the testimony that he met the person out of concern for the child, not for sex, all showed that the defendant met his burden of demonstrating government inducement and a lack of predisposition, at least when viewing the evidence in the light most favorable to the defendant.

Concluding, Judge Inman observed:.

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Defendant was entitled to the entrapment instruction so the jury could evaluate and determine for itself whether Defendant was entrapped. The jury would be free to reject the entrapment defense at trial but should have been able to consider it. Practice Tips.

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As noted above, the North Carolina Supreme Court granted review in this case last week. An unpublished case indicates that failing to raise that argument likely waives the issue for appellate review.

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DisordaS. If denied, defense counsel can still then argue for the jury instruction at the charge conference. If you have thoughts about Keller or other tips about entrapment to share, feel free to leave a comment below.

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Trapped but not Entrapped? Keller Posted on Aug. Category: Crimes and Elements Tags: affirmative defensescomputer solicitationdefensesentrapmentinducementjury instructionspredispositionstate v. Accessibility: Report a Digital Access Issue.

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