Trapped but not Entrapped? State v. Keller

Back in May, a divided Court of Appeals affirmed the trial court’s ruling that the defendant was not entitled to a jury instruction on entrapment in an online solicitation of a minor case. Entrapment isn’t exactly a common defense (as Jeff noted here). When it comes up, it’s often in drug cases, but it can also arise in computer solicitation cases where law enforcement officers pretend to be underage. State v. Keller, ___ N.C. App. ___, 828 S.E.2d 578 (May 21, 2019), review allowed, ___ N.C. ___ (August 14, 2019), is an example of such a case and appears to be the second reported decision dealing directly with the defense in this context, so I wanted to flag it for readers. Fair warning, this post recounts some of the sexually graphic discussions at issue in the case.

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