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Appeals Court Overturns Online Sex Conviction
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WOODLAND HILLS, Calif., Sept. 29, 2000--In a decision
that may make it more difficult to police the Internet, a state court of appeal
Thursday overturned the conviction a Woodland Hills man for soliciting sex with
a girl in an online chat room.
"Oh my God, I'm so happy!" said the defendant, Aidin Ghaffari, now
24. "The truth came out."
The "victim," who was identified on the Internet as a 13-year-old,
was an undercover FBI agent.
"While we are repulsed by [Ghaffari's] attempt to set up a meeting with a
13-year-old virgin for the purpose of having sex," the justices of the
Second Appellate District wrote, "we see no communication by [him] even
coming close to 'harmful matter.' Making plans to meet and perhaps 'have sex,'
although certainly reprehensible, is not the same thing as describing or
depicting sexual conduct."
Ghaffari, who was 22 when convicted, "will no longer be a registered sex
offender," said his lawyer, James E. Blatt.
He was convicted of sending "harmful matter" to a minor and sentenced
to three years' probation and time served.
Prosecutors declined comment. Deputy Atty. Gen. Russell A. Lehman said he has
not decided whether to appeal