Posted On: January 24, 2011 by Mary Frances Prevost

CALIFORNIA CRIMINAL LAWYER: ENTRAPMENT REQUIRES GOVERNMENTAL ACTION

There's an Internet vigilante group, Perverted Justice, which entraps (and I use that word advisedly) folks into coming to meet what the folks think are minors, to have sex.

Of course, when the perp arrives, the police are there. The defendant here sought an entrapment jury instruction. No, says this California Court of Appeal.

Perverted Justice isn't the government, so essentially nothing they do can qualify as entrapment. The only way entrapment could possibly arise is if the group was literally an agent of law enforcement, and merely having the police at the destination doesn't make them agents.

People v. Federico; 2011 DJ DAR 1199; DJ, 1/24/11; C/A 4th, Div. 2

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