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Although the burden is on the state to establish this predisposition, there is nothing in that chat that would indicate that the police persuaded him to commit the offense.

Moreover, our position is that my client never thought it was a child in the first place, so it will be difficult to argue that he was entrapped into doing something that he never intended to do.

My client has been offered a plea bargain wherein the state would seek five years in prison.The defense of entrapment is essentially a two question analysis: The first question is did the police directly or indirectly induce the defendant to commit the offense which, in my opinion, the police arguably did here given that the detective “approached” the defendant in an adult chat room and there is no evidence that the defendant was looking for children.The second question is, was the defendant’s criminal conduct due to his own readiness and not due to the persuasion of the police; that is did he have a predisposition to commit the offense?In the chat, which of course was preserved, the detective identifies himself as “13 F” (thirteen years old and female) in response to the question, “where do you live? My client never asks “her” how old she is but does ask her questions like “do you like older guys? The plan is for the “girl” to be wearing jeans and a red sweater.My client arrives at the meeting place but just drives through the parking lot. He drives through and exits at which point the police pull him over and arrest him. My client gives a recorded statement in which he maintains that he never thought the person he was chatting with was a child, but instead was an adult women playacting as many people do in these chat rooms.

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