Fantasy defense explained

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.

Notes and References

Book: Ferraro, Monique Mattei. Investigating Child Exploitation and Pornography: The Internet, the Law and Forensic Science. 2005. Academic Press. Cambridge, Massachusetts. 978-0-12-163105-5. 283. Casey, Eoghan. 5 January 2014. https://web.archive.org/web/20140613022903/http://books.google.com/books?id=BtjzJhcAAGYC&lpg=PA283&dq=%22Fantasy%20defense%22%20-Android%20-football%20-itunes%20-wikipedia%20-game%20-football&pg=PA283. 13 June 2014. live.
Web site: In the Media. Los Angeles Criminal Defense Law Firm. 5 January 2014. https://web.archive.org/web/20131216112036/http://www.marksandbrooklier.com/In-The-Media.aspx#DisneyInternetExecutivesDefense. 16 December 2013. dead.
News: The Fantasy Defense. CBS News. May 31, 2000. August 2, 2009. https://web.archive.org/web/20090928045137/http://www.cbsnews.com/stories/2000/05/24/eveningnews/main199192.shtml. September 28, 2009. live.
Yamagami. Donald S.. Prosecuting Cyber-Pedophiles: How Can Intent Be Shown in a Virtual World in Light of the Fantasy Defense?. Santa Clara Law Review. Santa Clara University School of Law. Santa Clara, California. 2000. 41. 2. 3 January 2014. https://web.archive.org/web/20140103192420/http://digitalcommons.law.scu.edu/lawreview/vol41/iss2/6/. 3 January 2014. live.
Young. Kimberly. Profiling Online Sex Offenders, Cyber-Predators, and Pedophiles. Journal of Behavioral Profiling. 2005. 5. 1. 3 January 2014. https://web.archive.org/web/20130124023121/http://netaddiction.com/articles/Pedophile.pdf. 24 January 2013. live.