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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.
Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.
The trial court ruled the testimony was not relevant.
Justices said if the state sets out to prove someone's intent then perhaps a defendant should be allowed to challenge that with expert testimony.
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.
"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.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.Justice Matthew Durrant said he wondered if the case depended on whether or not Gallegos believed this was a minor."If a person tells you they're a minor you'd better log off," Durham said.Chat rooms have become a popular Internet location for the exchange of information, online gaming and social contact among other things.