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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.
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.
At issue is whether or not Utah's Internet Enticement statute is unconstitutional by saying a person engaged in sexual speech over the Internet need only believe they are chatting with a minor in order to be convicted. justice system a person is considered innocent until the state can prove their guilt.
"All you're doing is criminalizing speech," said attorney Ann Taliaferro. Even if a suspect outright confesses to a crime, the state must show independent evidence that they either committed the crime or intended to commit a crime.
Ultimately, the agent and Gallegos arranged a meeting outside a school in Sandy.
While Gallegos did drive by the meeting spot, officers said he sped off.
"He definitely did more than just chat," said Chief Justice Christine Durham.
"He set up a meeting and showed up at the scene." The statute states a person must believe that the person they are chatting with is a minor.
The supreme court is expected to issue a ruling in the coming months.
Internet sex addiction, also known as cybersex addiction, has been proposed as a sexual addiction characterized by virtual Internet sexual activity that causes serious negative consequences to one's physical, mental, social, and/or financial well-being.
At some point, Gallegos said he was convinced the person was a gay man posing as a girl because in the past he had arranged meetings with supposed females only to meet a man.Tags: Adult Dating, affair dating, sex dating