This also includes not necessarily the actual act of cybersex, but also the solicitation to engage in cyber activities.Soliciting cyber, as well as sending sexually explicit messages, pictures, and material to a minor is considered illegal in the United States.
"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.
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.
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.