How to start online sex chat conversation
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.
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.
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.
Gallegos claims he had never believed the person he was chatting with was 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.
You're really hitting it off, but the dude is basically a ghost. No one who online dates is "off the grid." He's hiding a dark secret (or he just has a girlfriend).
You're thinking things are going really well so far. Is he sleeping during the day and going out at night to fight crime? Taliaferro said in her client's case, he was convicted based solely on an Internet chat he claims was purely sexual fantasy.