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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?
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Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.
He said he was "troubled" by the law and concerned about its constitutionality.
In this case, Wilkins said it appeared all the state needed to do to convict someone was to go online, set up a meeting for sex and that is enough.
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.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.
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