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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.
For much of the time it may seem no big deal, and many people enjoy cyber sex without any problems.
But it's worth thinking about what the risks might be.
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.
After tracking his license plate number, Gallegos turned himself in.
Gallegos claims he had never believed the person he was chatting with was a minor.
Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.
The supreme court is expected to issue a ruling in the coming months.