Iowa Supreme Court · No. 23-0600
State of Iowa v. Jesse Lee McCollaugh
Decided April 19, 2024 · appeal from Boone County · Criminal
What the court decided
AI summary The defendant appealed a conviction for the sexual exploitation of a minor, arguing that the video he recorded did not meet the legal definition of a prohibited sexual act. The court affirmed the original judgment. This means the conviction stands.1
Result: AFFIRMED
The court’s own summary
Jesse McCollaugh appeals from the judgment of sentence for sexual exploitation of a minor, an aggravated misdemeanor, in violation of Iowa Code section 728.12(3) and 903B.2, following a bench trial on the minutes of testimony. McCollaugh argues the video he took of a partially nude minor female using the toilet did not show that the minor engaged in nudity that was for the purpose of arousing or satisfying sexual desires of the person viewing the depiction of her nudity pursuant to Iowa Code section 728.1(7)(g) (defining “prohibited sexual act”), and thus there was insufficient evidence to support the conviction.
Holding: A defendant appeals his conviction for child exploitation. AFFIRMED.
Judges
- Written by Justice Dana Oxley
- Trial judge: James B. Malloy, Boone County
Iowa Code it cites
Each links to the bills that change that chapter.