We chat cyber 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.
"If a person tells you they're a minor you'd better log off," Durham said.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."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.