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Agents involved in online sting operations have extensive training in technology and in how to communicate, talk, and text/type like a minor. They get specialized training, practice and hone these technical and communication skills for quite a while, and then go to sites, platforms, and apps where they are likely to find someone predisposed to wanting to talk to an adult (or young adult/teenager) about sex.
The operators then pose as a teenager and wait for someone to engage with them. They constantly nudge and push conversations along until the adult begins talking openly about sex, and eventually about meeting the (presumed) minor in person, whether in public, at a hotel, or at the adult’s home.
If you believed you were talking to a fellow adult, you have not committed a crime, as it is only a crime to discuss sex and sexual activity with someone you know or have reason to believe (or should have known) to be under 18.
However, this is a nuanced, factual dispute that will absolutely require a good, experienced criminal defense lawyer to prove. Some adults roleplay age-related fantasies with other adults, and the forensic details of chat logs, emails, and messages will be combed through by your attorney to help determine if you genuinely believed you were simply roleplaying with someone who was 18 years old or above.
Attorney Mark Satawa is a seasoned, proactive criminal defense attorney serving Michigan. Since 1992, he’s helped clients just like you defend their legal rights when charged with online crimes against a minor.
Have questions, or in need of legal representation? Reach out to Satawa Law, PLLC for an initial consultation today.
To an extent, yes. Law enforcement is allowed to lie and does lie in the process of investigating and prosecuting sex-based internet/cyber crimes, and an officer representing themselves as a minor online is not breaking any laws.
Officers are also allowed to escalate conversations by introducing sexual topics in an attempt to nudge you into discussing sex with someone you may believe to be a minor.
Having said that, it is illegal for Michigan law enforcement to induce you to engage in criminal activity that you would not otherwise have committed. This is known as entrapment.
In order to prove entrapment, your attorney must establish that it was the officer’s conduct that caused you to commit a crime, and not your own predisposition. This requires proof that the police induced an otherwise law abiding individual to commit a crime that they otherwise would not have committed. Entrapment occurs if the police engage in impermissible conduct inducing a law abiding person to commit a crime, or if conduct is so reprehensible it cannot be tolerated. For example, if the officer engaged in harassment, threats, or fraud.
Michigan’s test for entrapment is an objective test, it does not focus on the subjective state of mind of the individual defendant involved in the investigation. Entrapment is a legal question decided by a judge, and does not get submitted to a jury in state criminal charges in Michigan. You will have to prove that you are a law-abiding person who would not have committed the crime had the police not induced you or persuaded you to do so. The burden of proof is on the defendant to prove entrapment by a preponderance of evidence, meaning at least a 51% likelihood that entrapment occurred.
Yes. If you discuss sex or sexual topics online with someone you believe (or should have known) to be under the age of 18, you have already committed a crime, even if you never meet up with this person in real life. That crime is known as child sexually abusive activity.
Law enforcement conducting sting operations will frequently encourage or suggest an I person meeting, as this can be strong evidence of an intent to meet up with a minor for sexual activity. Still, a real-life meeting is not necessary for a conviction For crimes like child sexually abusive activity, and you can be convicted of a crime simply for chatting online.
For more information on online sting operations in Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 419-6133 today.
Attorney Mark Satawa is a seasoned, proactive criminal defense attorney serving Michigan. Since 1992, he’s helped clients just like you defend their legal rights when charged with online crimes against a minor.
Have questions, or in need of legal representation? Reach out to Satawa Law, PLLC for an initial consultation today.