Jonathan Francis Kimbrell v. United States
Two FBI agents, posing as two parents and their unrealistically precocious 11-year-old child, convinced Kimbrell that the child was desperately wanting to have sex with an adult, that such sexual activity would be highly beneficial for her, and that Kimbrell was uniquely qualified for the job. Kimbrell, a sex-addict who spent years seeking sexual partners on the internet, had never before engaged in any illegal conduct involving children. Was Kimbrell entitled to an entrapment instruction, notwithstanding his apparent eagerness to continue the months long on-line negotiation with the agents that let up to a proposed encounter with the non-existent victim?
Was Kimbrell entitled to an entrapment instruction?