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14-Sep-2017 21:58

Ultimately, the agent and Gallegos arranged a meeting outside a school in Sandy.

While Gallegos did drive by the meeting spot, officers said he sped off.

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.

"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.

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.

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Justice Michael Wilkins asked Gray if it was illegal for someone to have "cyber-sex" with someone claiming to be a minor.

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.

During oral arguments Wednesday, justices differed as to whether Gallegos' conversation could convict him.

Taliaferro argued that on the Internet people pose as someone they are not all of the time and that it is difficult to tell who you are actually chatting with.

Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.

Taliaferro said in her client's case, he was convicted based solely on an Internet chat he claims was purely sexual fantasy.



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