Chat to strangers about sex
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.
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.
"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.
While Gallegos did drive by the meeting spot, officers said he sped off.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.On one hand, anonymity allows you to virtually experience the no-holds-barred conversation with someone—you can be who you really are or who you want to be—and it lets you broaden your world and network.Eventually, a simple chat can blossom into something much deeper—friendship, dates, or even business partners!