Chat room alone sex
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.
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.
In the last two days District Attorney Investigator Mike Harris has received numerous calls from concerned parents about
In the interactive IMVU environment participants create a profile as in other chat rooms, but they also create how they look, act and interact with others.
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.
Durham pointed out that Gallegos went beyond sexual talk and into soliciting someone who claimed they were a minor. She added if a man walked up to a 13-year-old on the street and solicited sex, what would be the difference?
"It is the solicitation, the inducement, the allure.
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.
"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.