616 S. Main, Suite 206
Tulsa, OK 74119
410 E. Cimarron Drive, Suite 1
Is it entrapment:
Two analogized to a drug deal, if I tell someone that I will sell the marijuana without them asking me for and they in fact by the marijuana, they have not been entrapped. However, if I asked them to go across the street and buy marijuana for me and bring it back and when they return arrest them for possession or unlawful delivery, they have been entrapped. The question is whether or not the person is predisposed to commit the crime.
The law does not require there to be a real person, merely that the defendant believed that he was making a proposal to a real person. Many of these instances someone post an ad on Craig’s list, or Tulsa back pages, or some other website and the defendant makes contact with them. During the conversation, it is revealed that the “person” is under the age of 16. In most of the cases I have seen there has been a question of whether or not that makes the difference. (The response to which is often quite damning.) Then the defendant continues the conversation and many times actually travels to the location where the person who is disclosed they are a juvenile is supposed to be to meet them for sexual activity. Each of these separate actions is an action taken by the individual, not induced by the government. Therefore, it is not entrapment.