United States of America v. Steven E. Spradley

Topeka, Kansas criminal defense lawyer represented the Defendant charged with Attempted transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual conduct/



When the incident took place, Mr. Spradley was 56 years old and living in Kansas City, Missouri. He expressed loneliness, testifying that he used the internet to "meet somebody.” R. vol. 3, at 387. Through the internet, Mr. Spradley spotted an advertisement posted by a deputy sheriff impersonating a young woman: "Needing to make some money. Recently graduated and looking to make money for a new ride to attend cosmetology school.” Supp. R. vol. 1, at 4.





Mr. Spradley responded: "I'll give you $500 to spend the weekend trading orgasms with me ... :)” Id. at 5. The deputy sheriff, still impersonating the young woman, said that she was 17 and asked if her age would pose a problem. Mr. Spradley didn't answer directly, but he Appellate Case: 23-32223 continued emailing and texting the fictitious girl. In these messages,



Mr. Spradley said that he wanted a relationship with the girl, offering to take her around Kansas City, showing her photographs of a motorcycle and a pet bird, and asking if they could talk on the phone.



As the two arranged to meet, the fictitious girl indicated that Mr. Spradley would need to make the drive to Kansas, explaining that her car wouldn't make it to Missouri. Mr. Spradley agreed and said that he would bring $500 and whiskey. He made the drive but didn't have the $500 or the whiskey when he arrived.



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Entrapment is a legal defense in which a defendant claims they were induced by law enforcement or a government agent to commit a crime they otherwise would not have committed. It's an "affirmative defense," meaning the defendant has the burden to prove it. A successful entrapment defense usually requires showing both government inducement and a lack of predisposition to commit the crime by the defendant.





Government Inducement:



The defendant must show that the government or its agent persuaded, pressured, or lured them into committing the crime. This could involve trickery, threats, or promises. Mere opportunity to commit a crime is not enough.



Lack of Predisposition:



The defendant must prove they were not already predisposed to commit the crime and that the criminal design originated with the government. This means they were not already planning to commit the crime before the government's involvement.



How it works:



Subjective vs. Objective Tests:



Different jurisdictions use different tests to determine entrapment. The "subjective" test, common in many jurisdictions, focuses on the defendant's predisposition and the government's inducement. The "objective" test, used in some jurisdictions, focuses on whether the government's actions would have induced an ordinary person to commit the crime.



Burden of Proof:



The defendant has the burden to prove entrapment, typically by a "preponderance of the evidence" which means it is more likely than not that entrapment occurred.



Not a Guarantee:



Even if entrapment is proven, it does not automatically mean the defendant is not guilty, but it can be a strong defense.



Examples of Entrapment:



An undercover agent repeatedly pressures someone to sell drugs, even after they refuse, until they finally give in.



An undercover officer offers to pay someone in financial distress to commit a crime they otherwise wouldn't have considered.



A police officer creates a fake online profile and aggressively solicits illegal conduct.



Examples that are NOT entrapment:



Providing an opportunity for someone to commit a crime if they were already planning to do so.



A defendant has a history of similar offenses and the police simply create an opportunity for them to commit another.



In summary, entrapment is a complex legal defense that requires careful consideration of the specific facts and circumstances of the case, as well as the applicable laws in the relevant jurisdiction.

Reversed