SW Legal studies in Business

Government Participation in Internet Sting Not Entrapment
Description

Appeals court upheld the conviction of an adult who attempted to solicit sex with a supposed 13-year-old. The government informant posing as the child did not initiate the illegal transaction, so it was not entrapment.

Topic Criminal Law
Key Words

Entrapment; Internet

C A S E   S U M M A R Y
Facts

Sixty-two year old Gagliardi entered an Internet chat room called “I Love Older Men” and began an instant-message conversation with “Lorie,” an adult government informant posing as a 13-year-old girl under the screen name “Teen2HoT4u.” Gagliardi pursued the “relationship” offering to meet her any time and to pay her to have sex. “Lorie” told Gagliardi she wanted her 13-year-old friend “Julie” to join them and he agreed and set up a meeting place—where FBI agents were waiting to arrest him. Gagliardi was convicted of attempted enticement of a minor and sentenced to five years in prison. He appealed.

Decision

Affirmed. Gagliardi claims entrapment. But the record of the Internet discussions showed that he initiated the discussion about illegal matters—sex with an underage person. The government agent did not initiate the discussion. The Internet discussion could be called inducement, but not illegal entrapment as defendant was predisposed to commit the charged offense.

Citation

U.S. v. Gagliardi, 506 F.3d 140 (2nd Cir., 2007)

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