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 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
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