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As long as 16 is the age of consent in both states, the age gap does not matter. It doesn't matter if one is one day over the statutory age limit and the other is 100.What if someone who is aged 13 lies about their age and tells another person that they're like 20, and the other person happens to be 20 and they engage in cyber sex.

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.He said he was "troubled" by the law and concerned about its constitutionality.In this case, Wilkins said it appeared all the state needed to do to convict someone was to go online, set up a meeting for sex and that is enough.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.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.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.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.

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