A Florida court has reversed the conviction of Jason Ross DeMare, who was found guilty of traveling to meet a minor with the intent to engage in illegal sexual conduct. This ruling, issued by the District Court of Appeal of Florida on June 26, 2020, affects DeMare's legal standing and raises questions about the methods used in sting operations targeting potential offenders. The case highlights the complexities of entrapment defenses in the legal system.
DeMare's conviction stemmed from a sting operation where law enforcement created a fake profile of an eighteen-year-old woman named 'Amber' on the dating site Meetme.com. Over several days, a detective posing as Amber engaged DeMare in flirtatious chats and text messages before revealing her true age of fourteen. DeMare was arrested when he arrived at the address provided by Amber. This case, identified by docket number 2D19-2959, has significant implications for how entrapment is defined and applied in Florida law.
The parties involved in this case are Jason Ross DeMare, the appellant, and the State of Florida, the appellee. DeMare was charged under section 847.0135(4)(a) of the Florida Statutes, which prohibits traveling for the purpose of engaging in unlawful sexual conduct with a minor. DeMare entered an open plea to the charge while reserving the right to appeal the denial of his motion to dismiss based on a subjective entrapment defense. The case was heard in the Circuit Court for Sarasota County, where the judges were Stephen Walker and Charles E. Williams.
DeMare's defense argued that he was subjectively entrapped by law enforcement. The court filing detailed how the communications between DeMare and the undercover officer escalated from innocent flirting to discussions about sexual activity, with the officer actively encouraging DeMare's participation. The trial court initially ruled against DeMare's motion to dismiss, stating that the state had established a prima facie case against him. However, the appellate court found that the undisputed facts supported DeMare's claim of entrapment.
The court ruled that law enforcement induced DeMare to commit the offense, stating, "Based on the undisputed facts... we conclude without hesitation that law enforcement induced DeMare to commit the offense of traveling to meet a minor." The judges, including Judge Silberman, emphasized that DeMare's lack of a criminal record and his initial belief that he was communicating with an adult were critical factors in their decision. The court noted that DeMare's immediate attempt to end the relationship once he learned Amber's true age demonstrated his reluctance to engage in illegal conduct.
The appellate court's ruling has broader implications for similar cases in Florida. It underscores the importance of evaluating the methods used by law enforcement in sting operations. The court highlighted that, "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." This decision could influence future cases involving entrapment defenses, particularly in situations where law enforcement's actions may be seen as coercive.
Moving forward, this ruling could impact how law enforcement conducts sting operations and how courts assess entrapment defenses. It raises questions about the balance between protecting minors and ensuring that individuals are not unfairly prosecuted due to aggressive law enforcement tactics. The decision may also encourage defendants in similar situations to pursue entrapment defenses more vigorously.
As for what’s next for DeMare, the appellate court reversed his judgment and sentence and remanded the case for discharge. This means that he will not face further legal consequences from this charge unless the state decides to pursue additional actions. The court's ruling does not appear to leave room for an appeal by the state, but details regarding any related cases or future actions were not available in the court filing.