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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.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.At issue is whether or not Utah's Internet Enticement statute is unconstitutional by saying a person engaged in sexual speech over the Internet need only believe they are chatting with a minor in order to be convicted. justice system a person is considered innocent until the state can prove their guilt.
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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.
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.
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After tracking his license plate number, Gallegos turned himself in.