“Using the screen name ‘DSax25’ and describing himself as a 40-year-old professional musician, Joseph had approximately 50 instant message and email chats with Good, almost all of which he initiated. ’ ‘Lorie’ sent Joseph a picture, depicting Good at age 13 or 14 years.
Most of the conversations were explicitly sexual and mentioned sexual acts that Joseph stated he would perform with ‘Lorie.’ In one conversation Joseph mentioned he would be interested in meeting ‘Lorie’ and asked, ‘[L]et’s just say … “In a subsequent message, ‘Lorie’ referred to her friend ‘Julie,’ who was in fact FBI agent Austin Berglas posing as a 13-year-old girl.
“The evidence at the retrial included the following.
In July, 2005, Joseph visited an Internet chat room called ‘I Love Older Men,’ where he initiated a conversation with an individual with the screen name ‘Teen2Hot4U,’ who purported to be a 13-year-old girl named ‘Lorie.’ ‘Teen2Hot4U’ was in fact Stephanie Good, a 55-year-old woman who spends 20 to 50 hours a week surfing the Internet for those she believes to be sexual predators and reporting her finds to the FBI.
James Gallegos, of Clearfield, was charged and convicted by a jury of enticing a 13-year-old girl over the Internet. In actuality, the 13-year-old was an adult agent with the Utah Attorney General's Internet Crimes Against Children task force.
According to court documents, Gallegos chatted with the agent on two occasions in 2006.
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. On December 21, 2006 Dennis Joseph was convicted of violating § 2422(b) in the United States District Court for the Southern District of New York and sentenced to a term of 97 months in a federal prison. In August 2005, he was arrested for using the Internet to solicit a person he believed to be a minor to engage in sexual activity … § 2422(b) prohibits the use of a computer by an adult to send messages on the Internet to “persuade and entice” a person under 18 years of age to engage in sexual activity that constitutes a criminal offense. The Second Circuit outlined the facts of the case as follows: “Joseph is 40 years old, married, and has a six-year-old child.He pretended to work late as an excuse to come home later and to stay up late on the computer.“Role Playing” in Cybersex Conversations Could be a Legitimate Defense in § 2422(b) Internet Solicitation Cases By: Houston Criminal Defense Lawyer John Floyd and Mr. On September 9, 2008 the United States Court of Appeals, Second Circuit, reversed the conviction based on an erroneous instruction the trial judge gave to the jury. After a seven-day trial in April 2006, a mistrial was declared when the jury was unable to reach a verdict.