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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.

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.

"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.

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