The fantasy defense is a
legal defense
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a s ...
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.
The fantasy defense was developed by Donald B. Marks, the attorney for
Patrick Naughton,
a
Disney
The Walt Disney Company, commonly referred to as simply Disney, is an American multinational mass media and entertainment industry, entertainment conglomerate (company), conglomerate headquartered at the Walt Disney Studios (Burbank), Walt Di ...
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. ยง 2423(b).
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.
References
{{Authority control
Sex and the law
Pedophile advocacy
Criminal defenses
Sexual fantasies