Court of Appeals of Arizona· 9/27/1994

State v. Gates

Citations

897 P.2d 1345
182 Ariz. 459
174 Ariz. Adv. Rep. 30
1994 Ariz. App. LEXIS 211

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

commenting that a “defendant’s intent cannot create a ‘lewd exhibition’ out of otherwise innocent activity by children”
concluding stationary camera used to record minors changing clothes and showering did not satisfy the first Dost factor when the recording did not focus on the genitals or pubic areas of the victims
reversing a conviction when the defendant surreptitiously recorded minor females “innocently changing their clothes in private”
considering whether vide- otapes possessed by defendant showed minors “engaged in the lewd exhibition of [their] genitals, pubic or rectal area” as prohibited by Ariz. Rev. Stat. § 13- 3551(2)(f) (1992)
rejecting argument in interpreting prior version of statute “that when deciding whether 15 STATE v. CURTIS Decision of the Court something constitutes a ‘lewd exhibition,’ [the court] should focus on the intent of the defendant”
video of minor changing clothes and showering not a depiction of a child engaging in the lewd exhibition of the genitals

Source: CourtListener parenthetical corpus (CC0).

Judges: Noyes, Jacobson, Fidel

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10 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

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