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State v. Wilson

192 Ohio App. 3d 189, 948 N.E.2d 515 (2011)

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State v. Wilson

Ohio Court of Appeals

192 Ohio App. 3d 189, 948 N.E.2d 515 (2011)

Facts

Bradford Wilson (plaintiff) was the stepfather of V.B., a minor. V.B.’s mother worked out-of-state during the week, leaving V.B. and her younger siblings alone with Wilson. While V.B.’s mother was away, Wilson left a vibrator and a VHS tape of a pornographic movie on V.B.’s bed in two separate incidents. V.B. became suspicious that Wilson might be watching her and confided in a friend, Kristi Levanduski. After school one day, V.B. and Levanduski investigated V.B.’s room and found a camera hidden in the air vent. V.B. then investigated the basement, which shared a wall with her shower, and found a small hole drilled into the wall that provided a full-body view of anyone using V.B.’s shower. V.B. and Levanduski took pictures of the hole and the camera and notified the police. Police officers obtained a search warrant and searched Wilson’s home. Wilson was present and showed the officers the camera, which he had already dismantled and uninstalled from V.B.’s ceiling. The officers also discovered the hole leading to V.B.’s shower, which was covered in fresh caulk. When questioned, Wilson denied drilling a hole in the wall to spy on V.B. in the shower and stated that the camera was installed because Wilson was concerned about V.B.’s recent misbehavior and poor grades. Wilson stated that the vibrator and pornography were mistakenly left for V.B. instead of V.B.’s mother. The State of Ohio (defendant) charged Wilson with (1) voyeurism for watching V.B. in the shower; and (2) attempted voyeurism for installing the hidden camera. Wilson was convicted on both counts. Wilson appealed, arguing that the state failed to prove he had installed the camera in V.B.’s room for his own sexual gratification.

Rule of Law

Issue

Holding and Reasoning (Grendell, J.)

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