Samuel Joseph Barrett v. The State of Wyoming

Summary

The Wyoming Supreme Court affirmed Samuel Joseph Barrett’s convictions for six counts of first-degree sexual assault, two counts of sexual exploitation of a child, and one count of blackmail. The court held that sufficient evidence supported the sexual-exploitation convictions based on a video depicting simulated oral-genital intercourse involving a child and Barrett’s knowing conduct and possession. The court also upheld admission of Barrett’s prior conviction under Wyoming Rule of Evidence 404(b) to show motive and course of conduct.

Holdings

1. Sufficient evidence supported the jury's conclusion that the video was a visual depiction involving a child engaged in simulated oral-genital intercourse and therefore constituted child pornography under Wyo. Stat. Ann. § 6-4-303(a)(ii)(A), (a)(iii), and (a)(iv). The statute does not require the depiction of genitalia, an erection, or arousal when the charged theory is simulated sexual intercourse rather than lascivious exhibition of the genitals or pubic area.
2. Sufficient evidence supported both convictions because the jury could reasonably infer that Barrett knowingly caused, induced, or permitted the child to be used in making the video and knowingly possessed the resulting child pornography.
3. The district court did not abuse its discretion by admitting Barrett's prior conviction to show motive and course of conduct. The court conducted the required Rule 404(b) analysis, found a proper purpose and sufficient relevance, and reasonably concluded that probative value was not substantially outweighed by unfair prejudice.

Questions Presented

1. Whether sufficient evidence supported Barrett's convictions for sexual exploitation of a child under Wyo. Stat. Ann. § 6-4-303(b)(i) and (iv).
2. Whether the district court abused its discretion by admitting Barrett's prior conviction under W.R.E. 404(b) to show motive and course of conduct.

Disposition

affirmed