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In an attempt to have the charge thrown out, 3rd District Judge Stephen Henroid ruled that it didn't matter that Gallegos showed up at the meeting site and that the crime was completed over the Internet.During oral arguments Wednesday, justices differed as to whether Gallegos' conversation could convict him.Cyber sex may seem safer than real sex in some ways, because there is no risk of sexually transmitted infections or unplanned pregnancy.However there are still risks involved and, as with any type of sexual activity, it is never ok for someone to coerce (pressure) you into anything sexual you don't want.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.That's what is prohibited," said Assistant Utah Attorney General Jeffrey Gray.Justice Michael Wilkins asked Gray if it was illegal for someone to have "cyber-sex" with someone claiming to be a minor.

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Gallegos claims he had never believed the person he was chatting with was a minor.

The supreme court is expected to issue a ruling in the coming months.

Cyber sex means any sexy chat, pictures or films that are exchanged by email, instant message or social networking sites like Facebook or a chat room.

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.