Cyper sex chat
Justice Michael Wilkins asked Gray if it was illegal for someone to have "cyber-sex" with someone claiming to be a minor."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."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.Taliaferro said in her client's case, he was convicted based solely on an Internet chat he claims was purely sexual fantasy.
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.
Wilkins wondered how the state can establish what a person believes short of having a full confession.
He said he was "troubled" by the law and concerned about its constitutionality.
"It is the solicitation, the inducement, the allure.
That's what is prohibited," said Assistant Utah Attorney General Jeffrey Gray.