Peeping Tom in Dressing Room Arrested For Voyeurism of a Child

A peeping Tom has been arrested for voyeurism of a child after being caught spying on a young girl in a dressing room of a Salt Lake department store.

Peeping Tom

Photo by: Geoffrey Orthwein

36 year old Jorge Leon-Alfaro was arrested Saturday after an alert mother spotted Leon-Alfaro holding a handheld device under the dressing room stall at Rue 21 where her 12 year old daughter was trying on clothes. Leon-Alfaro was in the dressing room next door to the young girl when he attempted to record the girl while she was changing. Furious, the girl’s mother followed Leon-Alfaro, confronting him about his actions while recording the exchange on her phone. Police arrived shortly after and after reviewing the mother’s testimony as well as other witnesses on scene, arrested Leon-Alfaro for voyeurism of a child.

Voyeurism of a child

Utah Code 76-9-702.7 states:
A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record video of a person:
For the purpose of viewing any portion individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;
without the knowledge or consent of the individual; and
under circumstances in which the individual has a reasonable expectation of privacy.
[Voyeurism] is a class A misdemeanor, except [when] committed against a child under 14 years of age is a third degree felony.

Paying attention to surroundings

Authorities are commending the mother as well as others at the scene for being alert and noticing what was happening. During an age when many parents and bystanders may have had their heads buried in their phones, the individuals present were paying attention to their surroundings and were able to stop the suspect before he could continue the disturbing behavior.

Voyeurism Charges Pending for Man that Took Pictures under Women’s Skirt

A man in Utah was arrested for voyeurism after he was caught taking pictures under women’s skirts at City Creek Mall in Salt Lake City.

Creeping with a cell phone

Photo by: Waldemar Merger

41 year old Stephen Grogan of New Jersey, who is in Utah doing training with the National Guard was arrested last week after he allegedly used the camera on his cell phone to take some pictures from under multiple women’s skirts at a clothing store in City Creek Mall. Witnesses reported that Grogan would pretend to shop for clothing in the women’s section of the store and when he would bend down to look at clothes, he would snap a picture looking up under the skirts of nearby women. The husband of one of the women was able to use his cell phone to take a picture of Grogan which was used by authorities to locate and arrest him for suspicion of voyeurism.

Voyeurism

Utah Code 76-9-702.7 states “A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record video of a person:

(a) For the purpose of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) Without the knowledge or consent of the individual; and

(c) Under circumstances in which the individual has a reasonable expectation of privacy.”

Criminal and military penalties

Voyeurism is punishable as a class A misdemeanor and if no technology is used, the penalty would then be a class B misdemeanor. Along with the civil penalties Grogan faces, he will also have to face additional penalties, demotions, or loss of clearance that could be handed down by the chain of command in his military unit.

Changes to Prostitution Laws

A prostitution sting took place last weekend in Salt Lake City on the heels of amendments to some prostitution laws. What has changed and how does it affect those arrested?

Salt Lake City prostitution sting

Photo by: Nils Hamerlinck

Salt Lake City police were out on the street last week in an attempt to disrupt the prostitution problem plaguing many parts of the city. Within four days, undercover officers posing as prostitutes or Johns were able to apprehend over 40 individuals. Will any of those arrested find stricter penalties due to recent changes to Utah law? In order to understand what laws regarding prostitution have changed it is important to know the legal terms of and who they apply to.

Prostitution

Prostitution is according to Utah Code 76-10-1302 when an individual:
• “engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee;
• takes steps in arranging a meeting through any form of advertising agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee . . . ;
• Loiters in or within view of any public place for the purpose of being hired to engage sexual activity.”
Prostitution was and remains a class B misdemeanor yet as was evident in the sting this weekend, help is often offered to prostitutes in case they are sex trafficking victims or stuck in their employment out of fear from their employers.

Patronizing a prostitute

When someone is charged for prostitution, those charges are usually only for those acting as prostitutes, not the Johns paying for the illegal services. When a John or another individual:
• “pays or offers or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity or
• Enters or remains in a place of prostitution for the purpose of engaging in sexual activity”
that person would be guilty of patronizing a prostitute, a class A misdemeanor. The charges for patronizing a prostitute haven’t changed since they were increased last year, however the wording for patronizing, exploiting, or aiding a prostitute have been adjusted. Now the guilty party only has to believe the other party is a prostitute in order to face those specific charges.

Sexual solicitation

While still covered under Part 13 of Utah Criminal Code defining aspects of prostitution, sexual solicitation differs slightly from prostitution or patronizing a prostitute. Sexual solicitation occurs when an individual:
• “offers or agrees to commit any sexual activity with another individual for a fee, or the equivalent of a fee;
• Pays of offers or agrees to pay a fee or the functional equivalent of a fee to another individual to commit any sexual activity; or
• With intent to engage in sexual activity for a fee or to pay another individual to commit any sexual activity for a fee . . . or to pay another individual to commit any sexual activity for a fee . . . engages in, offers or agrees to engage in, or requests or directs another to engage in any of the following acts:
o exposure of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;
o masturbation;
o touching of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast; or
o any act of lewdness.”
Sexual solicitation is different from patronizing a prostitute as those who patronize a prostitute know or believe they are making a deal with a prostitute, not just some random person. Sexual solicitation may also consist of lewd acts leading up to paid sexual favors. Until last month, sexual solicitation was a class B misdemeanor yet penalties were recently increased to a class A misdemeanor, matching the penalties for patronizing a prostitute. Additionally, those facing three or more charges of sexual solicitation will now face a third degree felony.

Legal help on tougher charges

As prostitution laws continue to toughen, those arrested may be surprised by the increased severity of their charges. For more information on prostitution laws or for legal help regarding charges, consult with a criminal defense attorney.