Bill:

I hear that sometimes some of these entrapment to meet a minor cases in Florida involved a fantasy defense and that the clients don't really want to engage in sex with a minor, but they like the fantasy of it, or better yet not the fantasy of a minor, they believe that people on the internet are fantasizing and playacting and play rolling, or creation of fake identities in order to engage sexual fantasies, but are not in fact predators looking for minor children.

Gary:

That is correct and more and more, as I talk to people that find themselves cut off in these things, basically a common threat is that they talk about internet dating, and they talk about how all of that involves some level of fantasy, or make believe. And basically, if you ask probably most people that are involved in online dating, even so called legitimate online dating, you'll find a consensus that they believe that the people who are on the site to make stuff up about themselves.

Bill:

Wow, don't you think someone's guilty if they are fantasizing about the sex with minor, that they should be guilty of the crime anyway?

Gary:

Well, that doesn't fit the case law. I mean, the statute is actually not a crime to fantasize about the minor, but it's certainly distasteful.

Bill:

I know it's tough, I mean there is a mentality out there that's against these crimes and as well as we do want to make sure that our minors are protected. It's distasteful that people would actually engage in that behavior with a real minor, but of course in these cases from what I understand they're not minors and there is a lot of fantasy and play role going on, and that's not a crime in the State of Florida, as disgusting or distasteful that may sound.

Gary:

The other thing I do want to say is that there are other defenses that we haven't addressed in this interview that are maybe applicable to other specific cases.

Continue to Part 15 >>

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