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The trial court ruled the testimony was not relevant.Justices said if the state sets out to prove someone's intent then perhaps a defendant should be allowed to challenge that with expert testimony.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.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.
"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.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.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.