He said he was "troubled" by the law and concerned about its constitutionality.In this case, Wilkins said it appeared all the state needed to do to convict someone was to go online, set up a meeting for sex and that is enough.
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"He definitely did more than just chat," said Chief Justice Christine Durham.
"He set up a meeting and showed up at the scene." The statute states a person must believe that the person they are chatting with is a minor.
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 some point, Gallegos said he was convinced the person was a gay man posing as a girl because in the past he had arranged meetings with supposed females only to meet a man.
The reason he showed up at the meeting site, was out of curiosity about this person.
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.
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