Record contained sufficient evidence to support guilty verdict on 22 counts of sexual exploitation of children arising out of defendant’s actions in filming through hole in basement bathroom wall of at least five minor girls dressing and undressing. While defendant argued that record did not establish that videos he created were “lascivious” because they merely depicted nudity and did not draw attention to girls’ genitalia, Dist. Ct. could properly find that said videos were lascivious where: (1) girls’ nude pubic areas were visible in each video; (2) defendant went to great efforts to create conditions that allowed him to film said girls; (3) subject matter of video that showed nude girls in shower/bathroom demonstrated defendant’s intent to arouse his sexual fantasy/desire; and (4) defendant’s lie to his son about said videos in effort to cover up his behavior supported reasonable inference that his videos were not for legitimate purpose. Fact that videos did not zoom in on girls’ genitalia did not require different result.
Federal 7th Circuit Court
Criminal Court
Reasonable Doubt