Was Munoz entrapped as a matter of law?
Munoz, the owner of "Video Den," was charged with the sale of harmful materials to a minor. A Sheriff's office received an anonymous complaint that minors were able to rent X-rated videotapes from the "Top Banana" video store. The sheriff's office decided to spread the investigation to other video stores in the County that rented X-rated movies. The names of the other video stores renting X-rated videotapes were obtained by searching the Yellow Pages of the local phone book. Video Den was totally unconnected to Top Banana. The sheriff's office had received no complaints regarding Video Den and had no independent knowledge as to whether Video Den was renting X-rated movies to minors. The sheriff's office decided to target Video Den in its investigation. The sheriff's office obtained a false membership card from Video Den under the fictitious name of Brian Jackson, indicating that Jackson was thirty-four years old. The sheriff's office also obtained the assistance of a sixteen-year-old girl who had recently been arrested for negotiating the purchase of a pound of marijuana. The juvenile informant appeared to be at least eighteen years of age. The membership card was given to the juvenile informant. She was instructed to rent an X-rated videotape from Video Den, to lie about her age, and to say that she was either the sister or girlfriend of Jackson. On two occasions the under-age informant purchased X-rated videotapes from Video Den, after lying about her age and relationship to "Brian Jackson." The videotapes were kept in a separate room and posted a sign explicitly stating that no person under the age of 18 was allowed to enter the room.
What will be an ideal response?
YES
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