Conviction for Soliciting Sex Over Net Overturned

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.

The “victim,” who was identified on the Internet as a 13-year-old, was in fact a male undercover FBI agent.

“Oh my God, I’m so happy!” said the defendant, Aidin Ghaffari, now 24. “The truth came out.”

Judges who overturned the conviction still had harsh words for Ghaffari.

“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 . . . we see no communication by [him] even coming close to ‘harmful matter,’ ” stated the opinion of the 2nd Appellate District. “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, can now clear his record and “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 yet decided whether to appeal.

The case was closely watched by prosecutors and law enforcement agencies because it involved the emerging field of Internet criminal law and the work of a special multi-agency task force aimed at halting sex crimes, especially those committed with a computer, against children.

“This decision indicates a difficulty that Internet criminal law presents to prosecutors,” Blatt said.

In 1998, Ghaffari struck up an online conversation with a self-described 13-year-old girl. He peppered her with questions such as “What do you look like?” and “Are you hot?”

After the cybergirl told him that that she was blond, petite and had no sexual experience, Ghaffari offered to be her teacher.

He set up a rendezvous for sex, and when he arrived at their designated meeting place, he was arrested by FBI Special Agent Bruce Applin, who had posed as the girl.

FBI supervisory agent Randy Aden, manager of the task force--which includes local, state and federal agencies--said: “We respect the decision of the appellate court. We will conform our investigation within the parameters of those statutes and any appellate decisions that are made.”

Sandi Gibbons, spokeswoman for the district attorney’s office, which prosecuted the case, said a decision on whether to press additional charges will not be made until after appellate issues have been resolved.