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different from other things,” he said

Boy case argued before Utah Supreme Court

It is provided only for personal Canada Goose Parka research purposes and may not be reprinted.

Barton Jason Lewis Bagnes is asking the Utah Supreme Court to throw out his lewdness convictions, arguing that he did nothing sexual when he canada goose outlet in usa dropped canadian goose jacket his trousers and showed his Elmo diaper to two girls in White canada goose outlet store City.

A jury convicted Bagnes, 36, of felony lewdness and other charges in connection to canada goose outlet parka allegations that he exposed his diaper to the children in May 2009. He was sucking on a candy pacifier and canada goose outlet black friday throwing fliers Canada Goose Coats On Sale folded into paper airplanes onto lawns when two 8 Canada Goose Outlet year old girls approached him. The girls said Bagnes trousers were low enough to display https://www.kabbalah-arizal.nl a diaper with the Elmo cartoon character on the front; one canada goose outlet new york Canada Goose Online city girl said canada goose outlet sale he pulled down his pants to show them the diaper.

Prosecutors argued cheap canada goose that the context of Bagnes diaper display was sexual: the fliers that landed in people yards showed children of various ages in diapers, some posed provocatively. Two web addresses were scrawled on the flier, promoting sites that showed sexually explicit images of children in sheer underwear, canada goose factory sale detectives have said.

“The question before the jury was whether these were lascivious actions or not,” said Ryan D. canada goose outlet online uk Tenney, of the state attorney general office. “The fact that he handwriting onto these flyers cheap canada goose links that take you to pornography sites suggests that there something sexual going on here. The jury heard this.”

But Bagnes also was convicted of sexual exploitation of a minor and dealing in canada goose outlet uk materials harmful canada goose outlet shop to a minor in connection to the flyers. The justices questioned whether the diaper display was, in and of itself, lewd, noting that a canada goose outlet jackets diaper is “about as opaque and as non form fitting an item of clothing as you can imagine.”

Tenney likened the diaper to underwear.

“Society recognizes undergarments are. different from other things,” he said. “This is why you have mothers pulling their kids canada goose uk shop away from the Victoria Secret at the mall. We Canada Goose Jackets understand underwear has a sexual component to it.”

But, one justice pointed out, “diapers don have a sexual component.”

Tenney argued that the act of dropping the pants was lewd, prompting the question: canada goose outlet toronto factory “So, what if I got another pair of pants on underneath my pants and I drop my pants?”

Bagnes history of diaper flashing goes back to 1999, when he first was convicted of lewdness and was placed on the state sex offender registry. Other allegations followed, but charges either weren filed or were dismissed because Bagnes did not show his genitals.