I never met but called once. I ask if she was LE but obviously she said no. My question if she turned out to be LE, would her text msgs & calls to me count as entrapment? she offered specials in her msgs.

Her 1st msg came in at 1am a few days ago.

the next ones as well as the attempted calls came in today.

TIA

I called her about a massage. )

Exactly.  Entrapment involves you being led into doing something you would not have done had they not offered you the situation.  By INITIATING the contact you showed interest...hence no entrapment.

I don't think you need to worry though.  I doubt the cops are going to be up at 1am feeding you text messages hoping you'll bite.

First:  You asked her if she was LE.  Do you inquire of every service person you phone if they work for law enforcement?

Next:  Was there anything about the provider's advertising that might indicate that she provides more than a theraputic massage?

In practical terms, if you never consumated the call with an actual appointment, then there is zilch case here, but in terms of theory, it is very hard to prove entrapment if you make the first move; but as in all legal issues, there are a lot of shades of gray, and the mind set of the judge and jury is usually the key to a case.

(still not a lawyer)

Are you by any chance Bikerho Brian Moore posting here? Sounds like something he would post due to the incredible trouble he is in tight now.

If you are worried about entrapment don't book a session with her.

"Entrapment involves you being led into doing something you would not have done had they not offered you the situation."

No.  That's the definition of a sting, and most stings are not entrapment.  Police are allowed to put you into a situation where you could commit a crime.  If you then freely choose to commit it, you haven't been entrapped.  You've only been stung.

Entrapment is when the police actually cause you to commit a crime you othersise would not have committed when presented with the same opportunity.  It's entrapment if you break the law because of pressure, threats, etc. from the police.  If you would have taken the opportunity anyway, it's not entrapment.

if we fleshed out the facts in more detail.

        If, pure of heart, you called the lady (who actually was law enforcement) about a legal massage and she responded not once but several times with explicit offers of illegal sex for pay along with some hot pictures, so as to effectively implant in your innocent mind the disposition to commit the alleged offense, and you gradually decided to take her up on her offer, and you went to visit her and either agreed to her offer, or made an illegal counteroffer, at which time she arrested you, you would be entitled to raise entrapment as a defense to a state law solicitation prosecution.

       If we assume this occurred under state law identical to federal law, you would then have the burden of going forward (or proving by a preponderance depending on the state standard) with evidence of inducement (which you have on these facts), and the burden would shift to the government to prove beyond a reasonable doubt that, prior to receiving the first illegal offers from the lady, you had a predisposition to commit the offense.

If they carry this burden, no entrapment.


   The fact that you asked her in the first call if she was “law enforcement” would certainly be key  evidence the prosecution would offer  on predisposition. Why would you ask this if you only wanted a legal massage? And if there is evidence that you have engaged in illegal solicition on past occasions, this comes in to prove predisposition.

Thanks for the responses everyone. Not once has anything else been mentioned in our phone calls or text msgs other than a massage or some company for a short time (I was vague and so was she) but she did offer special incall $100 and she said she's NOT LE - text msg.

But seriously how far does the DA go in these cases especially w/ me w/ no criminal history.

Also, last time i talk to her i asked what the background noise was and she said "oh that's my maid" ???? but then she stuttered and hung up.

Or exchanged any money for anything, then you have not done anything wrong.

People can talk all they want, but unless you actually drop the $$ on the table in agreement for or with the expectation of sexual favors, there is nothing illegal happening.

I do not know what they could possibly charge or arrest you for if you have not even visited anybody.

So I would ignore her, and move on.

You can make the first move to initiate a meeting and still be entrapment as long as your first move was not to engage in sex for money. I always tell my new providers I would like to see them (if they have an ad and reviews we all know what will happen).  I never discuss any specifics, I show up and drop the donation in an open envelop and let the fun begin.  If she starts to ask what I want to do, etc - I leave with my donation no questions asked.   A legit provider with an ad and reviews will have no need to discuss the particulars.

If she tries to induce or persuade me to commit a crime that I had no intention to commit - that is entrapment.  To avoid this altogether is to walk away if you have any doubts.  The first clue is a provider that asks you what you want for the $$ you gave her.  You can always say just a very nice massage and nothing else.  If she starts to touch you and rub you she is not LE or working with LE.  But I just walk away if the le radar goes up.

"People can talk all they want, but unless you actually drop the $$ on the table in agreement for or with the expectation of sexual favors, there is nothing illegal happening."


          In the great majority of states, offers of sex for pay are illegal. In some states advertisements of sex for pay are illegal. There is no requirement that money ever be "dropped on the table" in agreement to violate these statutes.

        While some states (in a recognition that solicitation statutes are conceptually indistinguishable from conspiracy statutes) require an offer plus some act in furtherance thereto before the solicitation violation occurs, the actual exchange of money, while sufficient, is not necessary even in these states if there some other act in furtherance of the offer.