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Court: Exploitation crime needs proof of intent to stimulate

December 15, 2017

TUCSON, Ariz. (AP) — A court ruling says prosecution for sexual exploitation of a minor requires proof that a person taking or viewing a picture does so for sexual stimulation, not that a juvenile being photographed was engaged in sexual conduct or intending to stimulate a viewer.

The Arizona Court of Appeals’ ruling Thursday affirms convictions of a man who hid a video camera to record his teenage daughters while they were in the bathroom.

The man was arrested after the sisters became suspicious and discovered the camera and one took the camera’s memory card to school and told a teacher about it.

His appeal argued that there insufficient evidence because Arizona law requires the minor be engaged in sexual conduct, not the behavior that he recorded and that wasn’t sexual in nature.

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