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Graff said it was done by typing certain keys that create a picture, similar to a smiley face made by a colon and a parenthesis.Love said if an emoticon now is to be considered government inducement then an exclamation point must be, too. When Pischel showed up at the park, it was corroboration he had arranged the meeting, though he already had committed the crime of enticing a child by computer by punching in the keys and sending the messages, Love argued.The fact that the government stood there and posed is not inducement. “In other words, if merely getting on a computer and posing as a 15-year-old girl is entrapment, then the statute’s done,” Love said.In this case, he argued, it added up to government inducement — by case law, opportunity plus “something else.” “At first blush, it seems kind of silly to say the opportunity plus something else is an angry emoticon, an angry face. He argued Pischel should have a new trial because the jury wasn’t allowed to be given an instruction on the entrapment defense.But George Love of the Nebraska Attorney General’s Office said such a jury instruction wasn’t warranted. Love said Pischel admitted at trial he initiated the conversation, kept the conversation going, made sexual overtures and went to a park to meet.

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