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Taliaferro said in her client's case, he was convicted based solely on an Internet chat he claims was purely sexual fantasy.
James Gallegos, of Clearfield, was charged and convicted by a jury of enticing a 13-year-old girl over the Internet. In actuality, the 13-year-old was an adult agent with the Utah Attorney General's Internet Crimes Against Children task force.
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Taliaferro argued that on the Internet people pose as someone they are not all of the time and that it is difficult to tell who you are actually chatting with.
Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.
In an attempt to have the charge thrown out, 3rd District Judge Stephen Henroid ruled that it didn't matter that Gallegos showed up at the meeting site and that the crime was completed over the Internet.
During oral arguments Wednesday, justices differed as to whether Gallegos' conversation could convict him.
These “Pakistani Chat Rooms” are Conventional and Truly Shows what Pakistani Individuals Are Searching for.Durham pointed out that Gallegos went beyond sexual talk and into soliciting someone who claimed they were a minor. She added if a man walked up to a 13-year-old on the street and solicited sex, what would be the difference?"It is the solicitation, the inducement, the allure."Does the state consider cyber-sex to be sexual activity? Gray said the state did not, but if the person solicited sex and believed it was a minor, that is what the law requires.Wilkins wondered how the state can establish what a person believes short of having a full confession.
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