Donavon:

Is it illegal for 2 adults in a chat room or via an e-mail communicate, in role play situation: one is an adult or a teacher, and one is minor. This could typically morally outrage people; is that illegal to do that?

Gary:

Absolutely not. There are two different types of entrapment. One is with a request of inducement, we already spoke about. But the other one is objective entrapment. With that one, the question is whether a cop has broken down or induced someone to commit a crime. Is what the police do too much if what they say in determining whether the defendant was objectively entrapped and determines it violates the due process of the accused. There is nothing wrong with role playing, taking the morality out of it from a purely legal perspective, if there is no kid ever involved, and just talking and pretending to have sex with a child. It might be distasteful, but it's not illegal.

By law enforcement role playing as well, and the fact their role playing is being perceived by defendants as role playing is not being brought across to the jurors. Law enforcement will try to get out from answering the question "isn't it true that people engage sexually in online role play". They will not give you a straight answer to that question because they're counting on moral outrage and a lack of sophistication with this subculture of people going online for sexual reasons. There has been some research here locally with regards

to Orange County sheriff's agency. There is a Statute in 2007 that we have pulled information from with regards to every prosecution in Orange County, and a 100 percent of the prosecutions came out of these stings in 2007. Outside of the police sting, there has never been arrest in Orange County for someone violating this law. This sort of fabricated sense of fear, the media and law enforcement have been incredibly successful to a policy of miss information and selective information and really creating this boogeyman out of the idea of Internet sexual predators.

Donavon:

There are different was of these kinds of cases being thrown out based on certain circumstances. If the case isn't really substantial, how do you get rid of it?

Continue to Part 6 >>

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

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