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Backpage Sting Operations

Update: Backpage.com was seizure by U.S. authorities in April of 2018. Since backpage.com was shut down, a number of alternative classified ad sites have popped up including ebackpage.com and bedpage.com. Law enforcement officers are starting to look at these sites as alternative ways to conduct sting operations.

The vast majority of ads on the Backpage website were for escort-type services. Because of its popularity across the county, law enforcement officers found it to be the perfect way to set up Prostitution Sting Operations.

Although only a small percentage of users get caught up a sting operation, arrests are becoming more common in many counties across Florida including Polk County.

Many clients call us to ask: "If having sex between two consenting adults isn't illegal, why is paying for sex a crime?" The short answer is that local law enforcement officers know that a conviction for this crime comes with a $5,000 fine. In some jurisdictions, the county or city also imposed a civil penalty of $500 to get the vehicle back after a prostitution arrest. These sting operations chase the money.

Sting operations on Backpage were a quick and easy way to discourage the conduct instead of doing the actual police work necessary to catch real criminals. The real criminals who are engaged in human trafficking are almost never caught in these sting operations that entrap the less sophisticated or novice user of escort services.

Attorneys for Prostution Sting Operations in Florida

The attorneys at the Sammis Law Firm, P.A., represent both men and women who were entrapped in a sting operation. Prior Backpage.com being shutdown in April of 2018, many of these sting operations involved ads posted on that website.

Our attorneys understand how to assert legal defenses in these cases. By fighting the case aggressively, your criminal defense attorney might be able to convince the prosecutor to reduce the charge to "disorderly conduct" or even drop the accusation entirely.

Your attorney can also file a motion to suppress evidence taken after a warrantless arrest when the arresting officer did not have probable cause that all elements of the crime occurred in the presence of the officer. Florida law requires that before the arrest is legal, the officer must have witnessed all elements of the offense.

In other cases, a motion to dismiss can be filed when the undisputed facts show that the prosecutor's evidence is not sufficient. This is especially true when no contract for "sex for money" was actually formed between the person arrested and the undercover officer.

The Backpage Sting Operations are criticised as being racist because they target people based on national origin or sexual orientation. For example, the officers in these sting operations create racial disparity by using Spanish-speaking Hispanic undercover officers. The sting operations also heavy target transgender (male to female) escorts when responding to ads. When a person is targeted in this manner, a motion to dismiss on due process grounds should be considered.

When the pre-trial motions do not resolve the case, the attorney can take the case to trial to ask the jury to return a "not guilty" verdict so that you can be exonerated of the charges. When the criminal defense attorney files pre-trial motions and thoroughly prepares the case for trial, the prosecutor often becomes more motivated to make a better pre-trial offer.

Call 813-250-0500 to discuss your case today.


How did Backpage Stings Work?

People went to great lenghts to avoid getting caught in a Backpage sting operation. If you used Backpage, you were more likely to get busted for solicitation in counties where these sting operations are common. Law enforcement officers know this. 

For the Backpage Stings in Polk County, FL, the undercover operations are set up at a house in a neighborhood in the northern edge of Polk County in Davenport. The undercover house used in the sting operation was just 1,000 feet south of the Osceola County line just off the I-4 Interstate.

The ads for prostitutes used in these sting operations target tourist in the greater Orlando area and the lure them just across the county line into Polk County, FL. 

The problem with these sting operations is that they tend the target the people with the least amount of experience with soliciting a prostitute. For a person with little experience, they have no way to tell they are being set up by the police when they respond to a Backpage ad for an escort. The less experience the "john" has, the more likely it is that he doesn't know that the lady is a cop. 

Likewise, people who are inexperienced in posting Backpage ads for escort services have a hard time telling if a "john" is a cop. Sex workers who are experienced in posting and responding to such ads, know when the person calling is part of a sting operation.

Professional sex workers are very good at running counterintelligence to determine when the police are involved. The ads posted by the police are very different from the other ads because they usually don't use naked pictures or overt language. 

Additionally, several escort review websites have popped up that allow the john to determine whether the professional sex worker is legitimate. By allowing a john to leave a review, the review websites also provide a way for the escort to confirm whether the john is legitimate. Of course, now the police are setting up fake reviews and using the escort review sites to gain even more information about their targets.

For this reason, sting operations are extremely ineffective in targeting anyone involved in human trafficking. In order to achieve the highest number of arrests, the operations target sex between consenting adults and stay away from strings involving children which result in a much lower number of arrests (although for much more serious crimes).


Cops Violated the "Terms of Use" on Backpage

Anyone who used the Backpage website was required to expressly agree to the terms of use. But in these sting operations, law enforcement officers ALWAYS violated the "terms of use" by claiming the ads do not involve prostitution and then saying the opposite after the arrest.

Experienced criminal defense attorney filed motions that shows that by violating the "terms of use" the officers were violating the substantive due process rights of the person arrested. Consider the fact that the terms of use require the user to expressly agree to the following:

  1. use of the Site, including all access, services and/or features, is governed by these Terms of Use and the Privacy Policy.
  2. By using the Site in any way, you are agreeing to comply with these Terms.
  3. Without limitation, you agree to refrain from the following actions while using the Site:
    • Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
    • Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
    • Posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 7 days, or posting the same ad in multiple cities on the Site;
      • (a) Posting adult content or explicit adult material unless:
        • (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and
        • (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
    • Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of backpage.com;
    • Posting any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
    • Posting any material on the Site that exploits minors in any way;
    • Posting any material on the Site that in any way constitutes or assists in human trafficking.
  4. Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
  5. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
  6. Posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted;You understand that each time you post an ad on this Site or otherwise use the Site, you agree to these Terms. By agreeing to these Terms, you acknowledge that the Site may send you e-mail messages telling you about products and services offered by the Site (or its affiliates and partners) You understand and agree that such communications are part and parcel of your registration for and use of the Site; if you do not wish to receive further communications from the Site (or its affiliates and partners), you must cancel your registration by sending a cancellation notice to support@backpage.com. If you choose to receive mobile notifications concerning any ad, you agree that we may send automated text messages to your mobile phone. If you do not wish to receive such text messages, you should not accept the mobile notifications option. We will not send you any marketing or advertising by text messages. Message and data rates may apply for mobile notifications.

Additional Resources

Backpage Prostitution Stings - Visit the website of Officer.com to find a forum in which officers from law enforcement agencies across the country discuss the best ways to conduct sting operations on Backpage to catch unsuspecting pros and johns engaged in prostitution-related activities. Find out why they suggest using the"human trafficking" angle to get the district attorney's office or state attorney's office on board with the prosecutions.

Criticism of Backpage as a Hub for Prostitution Advertising - Learn more about the criticism of Backpage.org by the National Center on Sexual Exploitation (NCOSE) for being the hub of prostitution adverting and the human trafficking of women and children. NCOSE is the leading national organization exposing the links between pornography and all forms of sexual exploitation such as child sexual abuse, prostitution, and sex trafficking and the public health crisis of pornography. Learn more about why NCOSE demands that Backpage.com stop promoting and profiting from sexual exploitation by eliminating the “adult services” section of their website.

House Passes Anti-online Sex Trafficking Bill Targeting Backpage.com - Find an article published on February 27, 2018, in The Washington Post about an anti-online sex trafficking bill, “Fight Online Sex Trafficking Act” (“FOSTA”) that targets websites like Backpage.com. The new legislation gives sex trafficking victims, state attorneys and prosecutors new avenues to pursue legal action against websites hosting advertisements for prostitutes. In past litigation, Backpage has successfully used the Communications Decency Act to protect itself from civil and criminal liability for material posted by third parties. 


This article was last updated on Friday, May 25, 2018.

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