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Name: People v. Hobbs
Case #: E038779
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/12/2007

Secretly videotaping girls changing in a locker room is sufficient evidence of Penal Code section 311.4, subdivision (c). Appellant hid in a girls’ locker room and secretly videotaped girls changing in and out of their swimsuits for a swim meet. He was convicted of several offenses, including a violation of Penal Code section 311.4 subdivision (c), which proscribes the use of minors to pose or model for purposes of a videotape involving sexual conduct by a minor. On appeal, he argued that there was insufficient evidence to support his conviction because the plain language of the statute requires that the minors be engaged in posing or modeling at the defendant’s direction. The appellate court disagreed and affirmed. Appellant took advantage of the fact that the girls were in a locker room where he knew they would undress, and manipulated their environment to take advantage of their vulnerability. Therefore, appellant “posed” the minors without having to direct them in person. J. Richli dissented, finding that there was insufficient evidence that appellant used or coerced minors into modeling or posing, as the statute requires.