>... this is role playing by a character, not the person. I'm not sure if either has ever been tested in court.

Actually...

https://www.gwern.net/docs/rotten.com/library/bio/crime/crim...

>Patrick had an interesting mating ritual: Apparently the task of convincing a girl to meet you involves sending her a digital photograph of your wang, as Naughton did on several occasions. He described his flights of fantasy as role-playing as himself, pretending to be a successful, rich executive with everything going his way. When he bragged about running a company and owning a boat in chat sessions, he was telling the truth, unlike so many chatters before him. [...]

>If Mickey cried a little that night then certainly Michael Eisner had a bad day after learning that his young Vice-President in charge of E-mail and Chat Rooms had been arrested for, well, very un-Disneylike behavior. [...]

>Despite all of the evidence and the decades of prison time hanging over him, Naughton would eventually walk free. The jury in his trial deadlocked over the more serious charge and to avoid a retrial, he plead out to lesser charges.

https://www.latimes.com/archives/la-xpm-1999-dec-10-fi-42422...

Former Internet Exec Says Online Pursuit of Girl Was Role-Playing

DEC. 10, 1999 12 AM PT

>Taking the stand in his own defense, former Internet executive Patrick Naughton testified Thursday that he never intended to have sex with a minor and that his steamy online encounters with an undercover FBI agent posing as a teenage girl were part of a fantasy life he pursued to escape emotional problems and mounting pressures at work. [...]

>Naughton’s unexpected appearance represented a bold move by a defense team that is pursuing what many consider a risky and unprecedented legal strategy. Their central argument is that Naughton’s statements online and subsequent actions aren’t incriminating because they were grounded in an online fantasy world. [...]

>While claiming that role-playing is rampant online, Naughton admitted that he always provided accurate information about himself during online chats, even pointing his supposed 13-year-old correspondent--actually an agent--to one Web site that had a news article about him and another that had a picture of his exposed genitals.

>Asked why he furnished such information if fantasy was his real objective, Naughton replied: “The role I was playing was a character of me. If you ask my psychiatrist, I have a lot of self-image and ego problems. I was looking for approval.”

https://en.wikipedia.org/wiki/Patrick_Naughton#Novel_defense

>His line of defense was that he claimed he was persuaded to participate online in a ritualized sexual role-playing exercise, dealing with a mature woman acting as a girl.[14] His then-novel defense, became known as the fantasy defense for pedophiles.[2]

https://en.wikipedia.org/wiki/Fantasy_defense

>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]

https://digitalcommons.law.scu.edu/lawreview/vol41/iss2/6/

>Donald S. Yamagami, Comment, Prosecuting Cyber-Pedophiles: How Can Intent Be Shown in a Virtual World in Light of the Fantasy Defense?, 41 Santa Clara L. Rev. 547 (2000).