Is entrapment a defense in the context of sexual assault cases?

California, United States of America


The following excerpt is from People v. Beccera, 175 Cal.App.2d 53, 345 P.2d 269 (Cal. App. 1959):

'* * * 'Where the doing of an act is a crime, regardless of the consent of anyone, the courts are agreed that if the criminal intent originates in the mind of the accused and the offense is completed, the fact that an opportunity was furnished, or that the accused is aided in the commission of the crime in order to secure the evidence necessary to prosecute him therefor, constitutes no defense. * * * If the officer uses no more persuasion than is necessary to an ordinary sale, and the accused is ready and willing to make the sale, there is no entrapment.' * * * 'It is not the entrapment of a criminal upon which the law frowns, but the seduction of innocent people into a criminal career by its officers is what is condemned and will not be tolerated.'' People v. Price, 172 Cal.App.2d 776, 342 P.2d 437, 439; People v. Braddock, 41 Cal.2d 794, 802, 264 P.2d 521.

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