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.

After tracking his license plate number, Gallegos turned himself in.

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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.

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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.

"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.

When you're starting a new chat, you should try to open the conversation.

It is very important to start the fire the right way.

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?