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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.
A sex scandal may have led to a massive brawl at the Greater Bellevue Baptist Church in Macon, Georgia.
The church became divided over the leadership of Pastor David Stephens, who has led the church for several years.
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.
According to court documents, Gallegos chatted with the agent on two occasions in 2006.
Several studies suggest that even when there is no in-person contact, online affairs can be just as devastating as the real-world variety, triggering feelings of insecurity, anger and jealousy.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.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.