Is It Entrapment If the Police Send You a Fake Photo?

By: John Guidry

There is a certain art to getting people to do things that do not come naturally.

In the legal world, we debate the difference between “detecting” a crime and “creating” one. When the government detects a crime, we call that good police work. When the government creates a crime—luring an otherwise innocent person into breaking the law—we call that entrapment.

But here is the scary reality: Law enforcement has decided to pick the “low hanging fruit.” They target lonely men on the internet, often using “Women Seeking Men” ads on sites that are explicitly for adults. They string these guys along, knowing that human nature creates a blind spot when emotions (and hormones) are involved.

The question I get asked constantly is: “John, they sent me a picture of an adult woman! How can I be charged with attempting to meet a minor?”

It sounds insane, but in Florida, that picture might not save you.

Caught in an online sting operation?

Do not speak to the police. Call John immediately at (407) 423-1117 for a free, confidential consultation.

The Legal Breakdown: Seo v. State

Let’s look at a case that perfectly illustrates how dangerous these sting operations can be. The case is Seo v. State, 143 So. 3d 1189 (Fla. 1st DCA 2014).

Here is the situation. It’s a classic case of mixed signals, bad judgment, and a very harsh legal outcome.

• The Setup: Mr. Seo went on Craigslist, specifically the “w4m” (women seeking men) section. He clicked through a warning stating he was over 18 and understood the content was for adults.
• The Chat: He started chatting with someone he thought was a “fresh yung fun” woman. In reality, it was an undercover cop.
• The Twist: The cop eventually claimed to be 14 years old. However, the cop also sent a photo of a 25-year-old female communications officer.
• The Defense: Mr. Seo believed his eyes, not the text. He figured the “14” claim was just online role-playing—a fantasy scenario common on adult sites—because the photo was clearly of a grown woman. He drove to meet her.

The Ruling: Seo was arrested and charged with Traveling to Meet a Minor. His lawyer argued Entrapment, claiming the police tricked him by using a photo of an adult on an adult website.

Sad but true: Seo lost.

The appellate court ruled that the Entrapment defense didn’t fly. Even though the website was for adults, and even though the photo was of an adult, the moment the undercover cop typed “I am 14,” the legal trap was set. The court said it was up to the jury to decide if he was “predisposed” to commit the crime, and the conviction stood.

John’s Takeaways

I have been defending cases in Orange, Seminole, and Volusia County for over 30 years, and I have seen how aggressive these sting operations have become. Here is what you need to know to protect yourself:

• Pictures Lie: Police are allowed to use fake photos. They can send you a picture of a 25-year-old model while claiming to be a 14-year-old runaway. If you believe the photo over the text, you are walking into a trap.
• “Role-Playing” is a Dangerous Defense: If the chat log says the person is underage, claiming “I thought it was just a fantasy” is a very difficult argument to win in court. The prosecutor will wave that chat log in front of the jury until they are blue in the face.
• Entrapment is Hard to Prove: Florida law on entrapment is strict. Just because the police provided the opportunity doesn’t mean they “entrapped” you. We have to prove they induced you to do something you wouldn’t have otherwise done.
• The “Adults Only” Warning Doesn’t Protect You: Clicking “I am over 18” on a website does not give you legal immunity if the person you are chatting with claims to be a minor.

Let’s Talk About Your Defense

This was a tough case for Mr. Seo, and frankly, I agree with the dissenting judge who thought this tactic was unfair. It is a tug on human instincts to trust a photograph. But the law is what it is, and we have to fight with the tools we have.

If you have been caught in a sting operation in Orlando, Kissimmee, Sanford, or Daytona, you are facing serious felonies and potential sex offender registration. You cannot afford to handle this alone.

Call me at (407) 423-1117. Let’s start building your defense today.

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.