Fantasy defense
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The fantasy defense is where a defendant accused of attempting a crime (enticing minors into sexual activity, for example) claims that they never intended to complete the crime. Instead they claim they were engaged in a fantasy and in the case of luring a minor, believed they were dealing with an adult.[1]
The fantasy defense was developed by Donald B. Marks, the attorney for Patrick Naughton,[2] the Disney executive who eventually pled guilty to traveling in interstate commerce with the intent to have sex with a minor, in violation of 18 U.S.C. §2423(b).[3][4][5] The "fantasy defense" used in the Naughton case was novel, however, since the closely watched Naughton fantasy defense was successful, defense lawyers were expected to use it to help other paedophile clients.[4]
References
- ↑ Ferraro, Monique Mattei; Casey, Eoghan (2005). Investigating Child Exploitation and Pornography: The Internet, the Law and Forensic Science. Academic Press. p. 283. ISBN 978-0121631055. Retrieved 5 January 2014.
- ↑ "In the Media". Los Angeles Criminal Defense Law Firm. Retrieved 5 January 2014.
- ↑ "The Fantasy Defense". CBS News. 2000-05-31. Retrieved 2009-08-02.
- ↑ 4.0 4.1 Yamagami, Donald S. (2000-01-01). "Prosecuting Cyber-Pedophiles: How Can Intent Be Shown in a Virtual World in Light of the Fantasy Defense?". Santa Clara Law Review 41 (2). Retrieved 3 January 2014.
- ↑ Young, Kimberly (2005). "Profiling Online Sex Offenders, Cyber-Predators, and Pedophiles". Journal of Behavioral Profiling 5 (1). Retrieved 3 January 2014.