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.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.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.
Justice Michael Wilkins asked Gray if it was illegal for someone to have "cyber-sex" with someone claiming to be a minor.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.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.
Ultimately, the agent and Gallegos arranged a meeting outside a school in Sandy.