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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.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.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.

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Gallegos claims he had never believed the person he was chatting with was a minor.Consciously or not, people consider their online sexual relationships as real—they experience psychological states similar to those typically elicited by offline relationships.Accordingly, cybersex is about sex, but a form of sexual encounter which involves experiences typical of other such encounters, including sexual arousal, masturbation, orgasm, and satisfaction."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.Wilkins wondered how the state can establish what a person believes short of having a full confession.

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