Court upholds decision against peeping tom

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The Supreme Court of Guam has upheld the lower court’s decision to convict Valvano Alexander Erwin of invasion of privacy misdemeanor.

Erwin had argued that the evidence was insufficient to prove that the intent behind his act of using his cell phone camera—while in a stall in the ladies’ restroom—to view a female in an adjoining stall was to observe her in a stage of undress.

But in an opinion authored by Justice Robert J. Torres and joined by Chief Justice Katherine A. Maraman and Justice F. Philip Carbullido, the court determined that “a rational tier of fact” could have found that Erwin intended to observe another person in a stage of undress while in a place where an individual has a reasonable expectation of privacy.

The Supreme Court therefore affirmed Erwin’s conviction.

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