We've discussed the issue of entrapment before. We've covered this issue from several perspectives. Generally speaking, entrapment is not the issue when the person commits the crime of sodomy (oral or anal) if they have a predisposition to commit the crime of sodomy. I need to emphasize here that being gay or bisexual is not a crime. What does predisposition really mean? Typically, a predisposition to commit a crime means there must be a pre-existing pattern of criminal behavior or criminal actions. When a person(s) is/are observed by a law enforcement officer in a compromising position, such as engaged in either oral or anal sex (sodomy), there is no issue of police entrapment because what is observed is criminal behavior itself. Oral or anal sodomy is behavior. It is mutual or consensual behavior. Mutual or consensual behavior is a consequence of predisposition. But, what if the other person is a cop? Isn't that entrapment. If law enforcement uses force, intimidation, or coersion to effect a behavior in a person who has no predisposition to commit a criminal act, it is entrapment. Undercover cops or law enforcement sting operations target men at known cruise locations where criminal activity is known to have taken place. Men actively engaged in oral or anal sodomy break the law by virtue of their own actions because they are predisposed to engaging in that behavior which is criminal. When you're busted for actively engaging in oral or anal sex, there is no entrapment because predisposition towards that criminal activity is not at issue. Entrapment goes to the issue of predisposition, not to the specific criminal action itself. Again, I want to emphasize, being gay or bisexual is not a crime. Sodomy, be it oral or anal, is a specific crime in many states. In the state of Florida, for example, oral or anal sodomy is a misdemeanor crime regardless of sexual orientation. Do I believe sodomy laws should be rescinded? Yes. Do I think there is a public interest to control human sexual behavior out in the public? Yes. Do I believe law enforcement selectively uses sodomy laws against gays and bisexuals? Yes.
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