Yes, and no. The use of entrapment as a defense is subjective because the law has indicated that due process of law might be infringed if government agents should use outrageous tactics to rush the commission of a crime. What is considered to be outrageous is entirely up to the opinion of court and the jury. Such a matter may differ depending on its jurisdiction.
The entrapment defense has requires the defense to prove that there are: improper government inducement to commit crime, and lack of predisposition by defendant to engage in criminal conduct. Once the defense successfully used the entrapment defense, the burden of proof shifts over to prosecutor to prove beyond a reasonable doubt that the defendant was not entrapped, and sufficient evidence that government did not improperly induce crime or that defendant was predisposed to criminal conduct.
There are many controversies today that stem from questionable scams or sting operations by federal officials. But precedent cases such as Jacobson v. United States, 503 U.S. 540 (1992), state that the entrapment doctrine does not forestall the use of scam or sting operations by legal officials. These operations are generally considered not to be entrapment but rather an offer of opportunity to commit a crime.
Entrapment and an offer of opportunity to commit a crime have a fine bordering line; one may be used as a defense and the other may work in favor of the prosecutor.
Thus, when you realized that you are under investigation for knowingly transferring obscene materials to a minor in a sting operation, then it is crucial for you to seek a New York Federal criminal defense attorney to assess your case and optimize your defenses, before you speak with the federal agent.
At Joseph Potashnik & Associates, we have a panel of some of the most skilled New York Federal criminal defense attorneys specializing in various areas of criminal defenses.
If you have been investigated or arrested for the distribution of obscene materials to a minor in New York, then call our office at (212) 577-6677 to get professional legal advice.
