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CRIMINAL PRACTICE sheriff’s deputies entrapped a man in a child pornography sting operation in which they sent e-mail solicitations and delivered kiddie porn videos, Florida’s 4th District Court of Appeal held on June 25. Farley v. Florida, No. 4D02-1453. After obtaining Michael Farley’s name, credit card information and other data from a list obtained from the prosecution of the operators of a Texas child porn site, Florida sheriff’s deputies began sending Farley fictitious, sexually oriented e-mails asking him about his pornography preferences. Ultimately, they sent him an order form for child pornography. Authorities prosecuted Farley after he ordered child porn videos produced by the deputies from seized materials. Farley moved to dismiss the indictment, arguing that the deputies entrapped him, but the trial court denied his motion. Reversing, the appeals court said that the deputies had entrapped Farley. Noting that Farley had no prior criminal record, the court said, “The State contends the fact that Farley ordered the videos indicates that he had a predisposition to possess child pornography. However, this view overlooks even the common connotation of the word ‘predisposition.’ The prefix pre- indicates that the disposition must exist before first contact with the government.”

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