Fantasy defense

The fantasy defense is a legal defense wherein 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] a Disney executive who eventually pleaded 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 clients.[4]

References

Ferraro, Monique Mattei; Casey, Eoghan (2005). Investigating Child Exploitation and Pornography: The Internet, the Law and Forensic Science. Cambridge, Massachusetts: Academic Press. p. 283. ISBN 978-0-12-163105-5. Archived from the original on 13 June 2014. Retrieved 5 January 2014.
"In the Media". Los Angeles Criminal Defense Law Firm. Archived from the original on 16 December 2013. Retrieved 5 January 2014.
"The Fantasy Defense". CBS News. May 31, 2000. Archived from the original on September 28, 2009. Retrieved August 2, 2009.
Yamagami, Donald S. (2000). "Prosecuting Cyber-Pedophiles: How Can Intent Be Shown in a Virtual World in Light of the Fantasy Defense?". Santa Clara Law Review. Santa Clara, California: Santa Clara University School of Law. 41 (2). Archived from the original on 3 January 2014. Retrieved 3 January 2014.
Young, Kimberly (2005). "Profiling Online Sex Offenders, Cyber-Predators, and Pedophiles" (PDF). Journal of Behavioral Profiling. 5 (1). Archived (PDF) from the original on 24 January 2013. Retrieved 3 January 2014.

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[1] Ferraro, Monique Mattei; Casey, Eoghan (2005). Investigating Child Exploitation and Pornography: The Internet, the Law and Forensic Science. Cambridge, Massachusetts: Academic Press. p. 283. ISBN 978-0-12-163105-5. Archived from the original on 13 June 2014. Retrieved 5 January 2014.

[2] "In the Media". Los Angeles Criminal Defense Law Firm. Archived from the original on 16 December 2013. Retrieved 5 January 2014.

[CBS_The_Fantasy_Defense-3] "The Fantasy Defense". CBS News. May 31, 2000. Archived from the original on September 28, 2009. Retrieved August 2, 2009.

[Prosecuting_Cyber-Pedophiles-4] Yamagami, Donald S. (2000). "Prosecuting Cyber-Pedophiles: How Can Intent Be Shown in a Virtual World in Light of the Fantasy Defense?". Santa Clara Law Review. Santa Clara, California: Santa Clara University School of Law. 41 (2). Archived from the original on 3 January 2014. Retrieved 3 January 2014.

[PROFILING_ONLINE_SEX_OFFENDERS,_CYBER-PREDATORS,_AND_PEDOPHILES-5] Young, Kimberly (2005). "Profiling Online Sex Offenders, Cyber-Predators, and Pedophiles" (PDF). Journal of Behavioral Profiling. 5 (1). Archived (PDF) from the original on 24 January 2013. Retrieved 3 January 2014.