Even if you thought you were selling Marijuana but were selling oregano the entire time, you can't be arrested for attempting to distribute narcotics.
How one can even be arrested for talking to an adult, no matter what they were pretending to be, is still far beyond me. For one to be guilty of the crime there has to be am actual victim somewhere and dateline way back in the Chris Hansen days learned this the hard way as they failed to convict and found their convictions overturned in nearly every single case.
"You thought you were talking to a 12 year old" "Okay. But am I guilty of talking to any 12 year Olds? Or am I guilty of talking to a 40 year old? Did I ever speak to a 12 year old?" May not morally be just. But lawfully, is just.
It really doesn't matter what the person in question thought they were doing. It matters what they were doing.
Am a subscriber to this guy, support the work because he tends to move these moments into busting CP, which is a provable offense. But the entrapment at best and (pun unintended) role-playing at worst isn't a crime and really shouldn't be treated as such.
It's still of primary law "habeas corpus"
Even if you thought you were selling Marijuana but were selling oregano the entire time, you can't be arrested for attempting to distribute narcotics.
How one can even be arrested for talking to an adult, no matter what they were pretending to be, is still far beyond me. For one to be guilty of the crime there has to be am actual victim somewhere and dateline way back in the Chris Hansen days learned this the hard way as they failed to convict and found their convictions overturned in nearly every single case.
"You thought you were talking to a 12 year old" "Okay. But am I guilty of talking to any 12 year Olds? Or am I guilty of talking to a 40 year old? Did I ever speak to a 12 year old?" May not morally be just. But lawfully, is just.
It really doesn't matter what the person in question thought they were doing. It matters what they were doing.
Am a subscriber to this guy, support the work because he tends to move these moments into busting CP, which is a provable offense. But the entrapment at best and (pun unintended) role-playing at worst isn't a crime and really shouldn't be treated as such.
"mens rea"
You are right, they aren't legally guilty.
But are morally, and the WOULD have done it had they been given the opportunity. Therefore no tears shed and public shaming is the correct punishment.
You cannot legislate morality, though.
Every single law on the books is a declaration of morality. A lot of it is incorrect morality but it is a morality nonetheless.
"cant legislate morality" is liberal nonsense meant to discredit anyone who speaks out against degeneracy.