“Sisters Looking for a Hot Night”: When the Police Create the Crime (The Opossum Case)

By: John Guidry

Every now and then, people ask me, “Florida doesn’t have an entrapment law, does it?” This is a legitimate question because, practically speaking, few judges or prosecutors understand this law well enough to rule in a defendant’s favor. It may feel like we don’t have an entrapment law, but we do. Florida Statute 772.201 defines entrapment clearly:

A law enforcement officer perpetrates an entrapment if… he or she induces or encourages and, as a direct result, causes another person to engage in conduct… by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

So, armed with some statutory knowledge, let’s delve into the case of Gennette v. State, 124 So. 3d 273 (Fla. 1st DCA 2013).

Did an undercover officer talk you into a crime you didn’t want to commit?

You may have a defense. Call John today at (407) 423-1117.

The Case: The 40-Email Sting

The Charge: Gennette was convicted of “Unlawful Use of a Two-Way Communications Device” (a felony).

• My Take: This charge is often a consolation prize when the State can’t prove a real crime.

The Facts: Detectives posted a Craigslist ad: “Sisters looking for a hot night – w4m – 19.”

• The Meaning: Woman (19) looking for a man.
• The Trap: Gennette replied. After a few emails, the undercover cop wrote: “My lil sis is in town visiting me for the summer. She is 14, you ok with that?”

The “Opossum” Defense: Gennette didn’t jump at the bait. In fact, he was more interested in talking about his pet opossum.

• Gennette: “Well I think she is a bit young… me and my pet possum.”
• Undercover: “Nice pic! Why do you have a pet possum? There are no age requirements here.”
• Gennette: “I found my lil-bear in my backyard… she’s so spoiled.”

Over 40 emails, the cop repeatedly steered the conversation away from the opossum and back to the “little sister.” The cop challenged his nerve, suggesting he was “scared.” Finally, Gennette agreed to meet.

The Ruling: Entrapment as a Matter of Law

Gennette filed a Motion to Dismiss. Normally, entrapment is a question for a jury. However, if the facts (the emails) are undisputed, a Judge can decide.

• The Court’s Decision: The Appeals Court called BS on the State. They ruled that the government induced a law-abiding citizen to commit a crime he wasn’t predisposed to commit.“It was the agent who repeatedly steered the conversation back to sexual activity… It was the agent who coaxed and cajoled… and challenged his reluctance.”

Key Takeaway: When the government has to send 40 emails to convince you to do something illegal, that is Inducement. The State failed to prove Gennette was “ready to commit” the crime without their pressure. Case Dismissed

John’s 2026 Update: AI Chatbots & Algorithmic Traps

Note: In 2013, a human detective typed those emails. In 2026, you are likely talking to a bot.

1. The “Chatbot” Sting In 2026, law enforcement uses AI-driven Personas to conduct thousands of stings simultaneously on apps like Discord and Telegram.

• The Problem: These bots are programmed to use psychological triggers to elicit a response. They don’t get tired, and they don’t make typos.
• The Defense: We argue “Algorithmic Entrapment.” If the AI sent 500 messages to wear you down, we demand the source code. We often find the bot was programmed to ignore refusals, which violates the “Subjective Entrapment” standards set in Gennette.

2. “Predisposition” via Browser History In Gennette, the court said he wasn’t “predisposed.” Today, prosecutors try to prove you are predisposed by subpoenaing your Google Search History or TikTok Algorithm.

• The Argument: They claim that because you watched certain legal-but-edgy videos, you were “ready to commit” the crime.
• The Counter: We fight to keep this out. Watching a video is passive; it does not prove you were ready to commit a felony until the Government pushed you.

3. Deepfake “Virtual” Minors In 2013, they used a fake photo. Today, police use Deepfake Video Calls to convince targets the person is real.

• The Risk: This makes the “inducement” much stronger. It is harder to say “no” to a realistic video face than to text on a screen. We argue this high-tech deception creates a “substantial risk” that even an innocent person might be tricked, pushing it into Objective Entrapment (which is illegal).

Don’t Take the Bait

If you are chatting online and the person keeps pushing, cajoling, or challenging your nerve—block them. It’s likely a trap. And if you’ve already been charged, don’t assume the emails are a smoking gun. They might be your ticket to a dismissal.

Call me at (407) 423-1117. Let’s read the transcripts.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.