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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.
"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.
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.
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Get familiar with these laws, so you and your partner know what is or isn’t legal in your state.
Keep in mind that the laws may be different depending on the type of sexual behavior—vaginal, anal or oral—and the gender of your partner.
Taliaferro said in her client's case, he was convicted based solely on an Internet chat he claims was purely sexual fantasy.