Entrapment

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7^th Circuit Court of Appeals

Case Name: United States of America v. Jorge Leal

Case No.: 22-1808

Officials: Flaum, Rovner, and St. Eve, Circuit Judges.

Focus: Entrapment

FBI agents set up a fake profile for a fictitious individual named “Clay” on the dating app “Grindr.” Despite the app’s age restriction of 18 and above, the agents represented Clay as being 18. Agent Carter engaged in messaging with Leal, informing him that Clay was actually 15 years old. Grindr deleted Clay’s profile, prompting Carter to create a new profile for “Corey.” Leal initiated contact with Corey, and their conversation involved discussions about meeting, Corey’s age, the risk of legal consequences, and condom use. When Leal arrived for the meeting, officers attempted to apprehend him, resulting in a brief car chase and Leal’s eventual arrest. During questioning, Leal admitted to planning to engage in a sexual act with Corey, whom he believed to be under 18.

Leal was charged with attempted enticement of a minor, and the district court provided the jury with instructions regarding the entrapment defense and the permissibility of undercover and deceptive investigative techniques used by the government. The jury convicted Leal, and he received a mandatory minimum sentence of 120 months’ imprisonment. The Seventh Circuit upheld the conviction, rejecting challenges to the jury instructions and finding sufficient evidence to establish that Leal was not entrapped.

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Regenerate response

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Affirmed.

Decided 06/29/23

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