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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.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.That's what is prohibited," said Assistant Utah Attorney General Jeffrey Gray.Justice Michael Wilkins asked Gray if it was illegal for someone to have "cyber-sex" with someone claiming to be a minor."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.
Nobody will judge you, as nobody can find out your real name. How is it that the only conversation I had was with a person on private chat that was sitting right in front of me. Why is it that neither of us "reported" each other and sent everything from vulgar images to name calling to saying some of the nicest things to each other. If these "mods" see something they don't like they throw you into a "prison" chat room for an undetermined amount of time to "rehab".
Typically, state agents will try to get the suspect to show up at a pre-arranged location and time in order to prove legal intent.
Gallegos is also taking issue with a judge's denial of an expert witness, a doctor who would testify that Gallegos was not attracted to minor girls and was therefore not a pedophile.
After tracking his license plate number, Gallegos turned himself in.
Gallegos claims he had never believed the person he was chatting with was a minor.