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Over four days in November, 24 men were arrested at a two-story home in one of Murphy's newer neighborhoods after allegedly arranging to meet boys or girls there.
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While this defense sounds simple enough on its face, in its application, it is actually very difficult to assert successfully.
Specifically, § 33.021 of the code provides that a “Minor” for purpose of online solicitation charges, is “an individual who is younger than 17 years of age” or “an individual whom his victim to be a minor, rather than that the victim actually was a minor. One limitation on police officer’s ability to pose as minors online, however, is the entrapment defense codified at § 8.06 of the Texas Penal Code.
In Texas, it is a defense to prosecution that the actor engaged in the illegal conduct because he was induced to do so by a law enforcement officer who used persuasion or other means likely to cause persons to commit the offense. The defense does not apply to situations, however, where the law enforcement officer merely afforded a person the opportunity to commit an offense.
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"Certainly these people should be prosecuted to the full extent of the law, but the fact that this was all done for television cameras raises some questions," said Mayor Bret Baldwin.
It is the first time in nine "Dateline NBC: To Catch a Predator" stings across the country in the past year and a half that prosecutors did not pursue charges.
This officer will set up a profile on a chat room website, wait to be contacted by an adult, and then, when the conversation between the adult and “minor” has progressed to the point where a face-to-face meeting is scheduled, the adult will be arrested.
An officer’s ability to conduct such undercover, preemptive operations stems primarily from the Texas Penal Code’s language regarding online solicitation of a minor.
They spent months, even years, chatting with potential targets before arranging a meeting and arresting the suspect for Internet solicitation of a minor.
If you have been arrested for soliciting a minor online or if you believe you are the target of an investigation, the attorneys of Sorrels, Udashen & Anton will defend your rights and protect your reputation.
Fortunately today, there are many resources available to help people live productive and independent lives.