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.
At some point, Gallegos said he was convinced the person was a gay man posing as a girl because in the past he had arranged meetings with supposed females only to meet a man.
The reason he showed up at the meeting site, was out of curiosity about this person.
Taliaferro argued that on the Internet people pose as someone they are not all of the time and that it is difficult to tell who you are actually chatting with.
Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.
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.
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.
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.
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