An interesting so-called criminal case recently came before the Utah State Supreme Court concerning Barton Bagnes, who has sometimes been referred to as the Diaper Boy.
Utah v Bagnes Proves that a Defendant’s Rights are Valid
The Diaper Boy case criminal case came about as a result of Bagnes’ showing two 9-year-old girls the diaper he was wearing. He reportedly pulled his pants down to around his thigh area and pointed to his diaper; he also gave the girls a flyer showing children wearing diapers.
Bagnes’ story was that he was trying to show that there’s no shame for children to wear diapers at older ages when bedwetting is a problem. Nevertheless, as a result of this incident Bagnes was arrested, tried and convicted of lewdness and sexual exploitation of a minor. He was sentenced in 2010 and has been in prison ever since.
After reviewing both sides of the issue, the Supreme Court decided that although Bagnes’ behavior was “strange” and “socially inappropriate,” it was not criminal behavior. The Court also noted that Bagnes did not simulate any sexual act, masturbate or otherwise show his genitals to the girls, all acts that would normally constitute lewdness.
Not Your Run-of-the-Mill Behavior, but Not Criminal
Albeit an “unusual” and potentially “disturbing” incident for the girls, the Court reversed all of Bagnes’ convictions. They did note that “some forms of antisocial behavior are simply beyond the reach of the criminal law.”
It’s good to see that a defendant who doesn’t break the law doesn’t have to pay the price of sitting in prison. Even though every defendant’s case doesn’t work out with a reversal of their criminal convictions, it’s important that each person take the legal steps available to them to appeal their case.
Talk to a Utah criminal defense attorney today if you have any questions about this case, or more particularly, your own criminal case.
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