Court Rules That "Creepy" Behavior Not Sufficient to Sustain Conviction
One of the aims of criminal law is to regulate conduct that society, namely the legislature, deems unacceptable. However, many acts that may be unacceptable to a great deal of people simply aren't covered by Tennessee's criminal law, regardless of how offended someone may be by such actions. For this reason, an essential part of every case a skilled Tennessee criminal defense lawyer takes is looking at the exact language of the statute under which a defendant is charged and making sure that every criminal element is proven at trial.
In most criminal trials where a defendant is found guilty by a jury of his peers, every element of an offense is supported by the facts put forth by the prosecution, occasionally a defendant is convicted who simply should not be based on the conduct alleged. A good example of this comes from a case called State v. Whitlock in which a defendant's conviction on two counts of sexual exploitation of a minor was overturned by the court of criminal appeals because the conduct of which he was accused, videotaping the pubic regions of a fully-clothed seven-year-old girl was not conduct that was designated as criminal by Tennessee's sexual exploitation of a minor statute. In this case, the court basically admitted that the defendant's conduct was "creepy," but did not amount to the defendant possessing material depicting a minor engaged in sexual activity, a necessary prerequisite for conviction under Tennessee's sexual exploitation of a minor statute.
The sexual exploitation of a minor statute in Tennessee reads as follows:
(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
Thus, a video depicting a seven year-old girl who is not engaged in any sexual activity whatsoever simply does not qualify for punishment under the statute, no matter how "creepy" such a video may be. Tennesseans who are facing similar charges need to make sure that they are not convicted of a serious offense just for being "creepy." Contact an experienced East Tennessee criminal defense attorney to discuss your case.
Source: (State v. Whitlock, 36 TAM 30-24, 6/6/11, Knoxville, Welles, 11 pages.)
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