Ride the Lightning

GOTCHA! 2ND CIRCUIT OKS INTERNET STINGS

November 7, 2007

On October 22nd, the 2nd Circuit upheld the Internet stings run by investigators and informants posing as underage victims in order to trap sexual predators. The court rejected the defendant’s First Amendment arguments, as well as his arguments that the statute was too vague, that 18 U.S.C. 24222(b) requires an actual minor as a victim and that the facts were insufficient to sustain a conviction. Interestingly, the court noted the defendant was essentially asserting a defense of factual impossibility since he could not bring the illegal act to conclusion. The court retorted that “factual impossibility is not a defense to a charge of attempt in substantive criminal law.” The entrapment defense in Internet sting operations has been around for a long time – and it is generally unsuccessful. The decision may be found at http://tinyurl.com/28bt25

E-mail:    Phone: 703-359-0700