CRIMINAL: WOODWARD V. COM. & FRANKLIN V. COM. (SC 4/19/2007)

WOODWARD V. COM. 2005-SC-000411-MR.pdf
FRANKLIN V. COM.
2005-SC-000130-MR.pdf
CRIMINAL:  Use of minor in sexual performance; voyeurism
PUBLISHED: AFFIRMING NOBLE
DATE RENDERED: 4/19/2007

SC affirmed Defendants’ convictions and 40 year sentences in Jefferson Circuit Court for various sex offenses against their karate students. SC rejected argument that Defendants were entitled to a directed verdict on the complicity charges of Use of a Minor in a Sexual Performance because they were charged with other crimes as participants. Here, in addition to committing sex acts, each Defendant also watched sex acts performed by other people. The watching was obviously for a prurient purpose. This is the essence of what pornography is designed to do. Under the facts of this case, "an audience may consist of one person, such as the accused herein ." Alcorn v. Commonwealth, 910 S.W.2d 716 (Ky. App. 1995). Consequently, the Defendants were not entitled to a directed verdict.

Defendants were not placed in double jeopardy when they were charged with Sodomy and Rape (in Franklin’s case, Complicity) and with Use of a Minor in a Sexual Performance. TC did not abuse its discretion in denying the impeachment evidence or denying motion to sever.

Digested by Scott Byrd
http://www.OlginandByrd.com

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