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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.

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According to court documents, Gallegos chatted with the agent on two occasions in 2006.

During those chats, Gallegos expressed that the girl was possibly too young but then went on to suggest how he would like to sexually touch her.

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.

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.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.You can make it stressful for you, and you can make her close up, simply by approaching the whole thing with the wrong mindset.

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