The Crime: Online Exploitation and Undercover Investigation
According to a Tel Aviv District Court ruling, investigators working undercover posed as a 13-year-old girl named “Sivan” to uncover adults targeting minors online. The defendant in question engaged in explicit conversations, knowingly interacting with someone presenting as a minor. Subsequently, the defendant arranged an in-person meeting and arrived at the predetermined location, intending to perform sexual acts.
Initial Court Decision and State's Appeal
Initially, the lower court acquitted the defendant, accepting arguments related to possible entrapment by undercover agents, uncertainty about the minor’s true age due to the anonymity of online communications, and that the defendant’s actions were merely preparatory rather than constituting an actual criminal attempt. The prosecution challenged this ruling, arguing that the evidence clearly demonstrated the defendant proactively initiated explicit interactions, was fully aware of the minor’s age, and his arrival at the meeting place showed a significant criminal intent.
Appeal Court Overturns Decision: Conviction and Implications
Upon review, the appellate court overturned the initial acquittal, ruling decisively that the defendant had not been entrapped but willingly initiated the inappropriate interactions. The court found clear evidence that the defendant knew he was interacting with a minor and his physical actions clearly constituted an attempted sexual offense. As a result, the appeals court convicted the defendant on all charges and transferred the case for sentencing to a different judicial panel to ensure impartiality.
Attorney Guy Tsabary adamantly disagrees with this ruling
Tsabary, on behalf of his clients, insists that if an adult communicates with an undercover police officer or an adult, like Avi Dubitzky, there is no reason to accuse them of any crime. This is the same stance the lower court took before the appeal. So either he does not know this ruling, or it’s convenient for him to ignore it to get potential clients through the door.
