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The supreme court is expected to issue a ruling in the coming months.Bullies and mean girls have been around forever, but technology now gives them a whole new platform for their actions.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."Does the state consider cyber-sex to be sexual activity? Gray said the state did not, but if the person solicited sex and believed it was a minor, that is what the law requires.Wilkins wondered how the state can establish what a person believes short of having a full confession.The old "sticks and stones" saying is no longer true — both real-world and online name-calling can have serious emotional consequences for our kids and teens.
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.
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?