Last week we had our monthly member call and the topic was online stings. Even though it does not appear as though these bait and switch stings will stop anytime soon, it’s good to see the practice of stacking charges for the same offense being shut down (at least at the appellate level).
This is how the offense begins, “Sarasota Police Department Detective Megan Buck, an internet crimes task force agent, created a profile for “Kelsey” on an online dating website. Although the profile listed “Kelsey’s” age as twenty-two, “Kelsey’s” profile picture was of a girl about fourteen years old.”
Ultimately, the target of the sting was convicted, but the 2nd DCA found that “the factual bases for the trial court’s verdicts on the solicitation and unlawful use counts are not clear and distinct”. In other words, the defendant could not be convicted of unlawful use of a two-way communications device if it was part of the same conduct as his conviction under the use of a computer to seduce/solicit/entice a child conviction.
Not that it makes a difference for his requirement to register, but it could make a difference when it comes to his sentence. The decision is in line with the Lee decision that has been the precedent for several double jeopardy challenges. Hopefully it will teach prosecutors to not stack the charges and not teach law enforcement how to run more creative bait-and-switch stings.
We see a lot about the “Rule of Law” these days from both sides of the political Aisles in the Congress; there are actually three such rules of law, one for the government, which tends to ignore its own Title 18 Statutes when launching sex offense stings through the US Mails. There are at least five or six different laws broken when the Post Office launches investigations when working in collusion with the FBI where the FBI shares information it runs across for possible perpetrators on a busted website and then stands off until the postal inspector violates his Congressional mandate about not getting involved unless the Atty General of the US determines the postal service itself is being harmed by the alleged perp’s activity.
There’s also the second rule of law- for the rich and powerful with deep pockets able to lawyer up with heavier legal artillery than the government. The third rule of law is that brought to bear against the indigent, who in reality have no defendable constitutional rights at all-except for an over-tasked, under-resourced public defender assigned to them who is most often, in reality, working in collusion with the prosecutor to get the conviction by any means necessary, ANY means, subornation of perjury, falsified evidence, withholding of exculpatory evidence, or whatever else is necessary. Guilt and innocence do not enter into anyone’s thinking unless it’s the defendant. If a case can be made-or manufactured from whole cloth to get a conviction unlawfully, it often will happen THAT way. It DID happen that way in my case…
Phys Ed
You are absolutely right on. When I was 22 I met a girl that I would have sworn was 16 . After talking with her awhile I found out she was 22 and a college student from Hamburg Germany ,going to college in this Country as an exchange student. The point is you cannot tell with any certainty how old someone is by a picture, or even looking at them in person. How a court can convict someone because they were shown a picture of a 14 yr. old who said they were 21 is a disgrace to justice.
Another sex sting protecting imaginary children on adult dating sites instead of protecting real children on social media sites and apps that real children use.
Yeah, like those who target minors online wouldn’t know that police only run these sex stings on adult dating sites, not on any sites or apps that real children use. 🤦🏻♀️
Unacceptable
Problem is the public just hasn’t been aware of this. They’ve believed the lies about real children being protected. They’re not real. They’re all imaginary.
This is sort of what happened to me. I didn’t have the money for a trail so the none of the numerous repeat , fake, stacked and made up charges I got got tossed.
Am I saying I did not do “Anything wrong”, no, but the prosecutor made it sound like I was basically had sex with the entire population of Florida.
Every time my attorney started to speak and object, the judge shut him down like a scared puppy. When I saw how scared my lawyer was (He actually was excused to go puke) I froze and didn’t know what to do. I basically got “F-D” all the way to prison.
I will add when I was released, the same attorney had learned how to work the system and redeemed himself by getting a new judge to hear my appeal and I got the remaining 6 years of my sentence tossed.
I saw this when I worked in law enforcement. Someone would get pulled over for something and a joint was found in their ash tray. The next thing you know, the poor guy is being charged with possession with intent to distribute, transporting drugs, and whatever else they could throw at them to make sure they get some time.
They will continue to stack charges until either they are called on it by the Defense, Appellate, or they will “drop that charge as part of a plea deal.” Orrrrrrr… The circuit and the Appellate (even Federal) courts will ignore said case law and uphold convictions regardless.
Apologies for the negativity here. I’ve come across all of these scenarios.
Pretty much agree with you.