It is common for law enforcement to practice sting operations where they go undercover to catch someone for a crime in Florida. This concept may seem odd when you consider entrapment is illegal. Still, there are some key points that allow law enforcement to conduct undercover operations and avoid illegally entrapping you. It comes down to understanding what entrapment means and the elements the law requires to prove it.

The U.S. Department of Justice explains the key to avoiding entrapment is in two elements. The first element is that law enforcement cannot convince or otherwise coerce you into committing a crime. The second element is that you did the crime of your own free will. If you had no desire to commit the crime on your own, then it is entrapment.

This can be a little confusing because there is a fine line between what is legal and what is not. Even if you have a criminal history, that is not enough to prove the second element. Law enforcement must show that you wanted to commit this specific crime before the situation in which the arrest occurred.

Furthermore, law enforcement cannot create a criminal situation. It has to occur naturally. They cannot plant the idea in your mind to commit an illegal act or entice or encourage you in any way to do it. However, they can invite you to do it. In general, to prove the first element, you have to show persuasion on the part of law enforcement. This information is for education and is not legal advice.