Is Craigslist Ad Entrapment for Marijuana or Prostitution?

Newport police in Campbell County have begun making arrests for solicitation of prostitution and marijuana possession in Campbell County, Kentucky. They general method involves making a Craigslist advertisement and asking the person to bring drugs and money. methods employed are very much walking the line of entrapment.

Generally entrapment is a very difficult defense to charges in the Commonwealth of Kentucky. In order to prove entrapment, the Defendant must show that they would not have otherwise engaged in the conduct. Under KRS 505.010, entrapment is a defense if (1) the officer induced or encouraged the defendant to commit any of the criminal acts; (2) that the officer was seeking thereby to obtain evidence against the Defendant for the purpose of criminal prosecution; AND (3) at the time of such inducement or encouragement, the Defendant was not otherwise disposed to engage in such conduct. This third prong is the difficult element to prove.

Most agencies which set up sting operations do not make the first move. They also generally wait for the Defendant to put the sex for money or sex for drugs together so that there is very little chance of an entrapment defense. Many times they also get the person on video or audio tape offering to pay for sex. As the stories come out about the current sting operation in Newport, the officers may not be using those standard operations.

If you have been charged with possession of marijuana or other drugs or found yourself in a prostitution sting, contact an attorney to discuss your options. In Northern Kentucky, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@bouldinlawfirm.com for more information.

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