State v. Girardier, 484 S.W.3d 356 (Mo. 2015)
A man spent approximately two hours in the accessible stall of a women’s restroom at a gas station. The bathrooms were gender-segregated and were clearly labelled as such. During the time he was in the restroom, numerous store employees entered and stated that there was no smoking, as they were smelling smoke. During these encounters, the store personnel were under the impression the defendant was a woman, because he disguised his voice to mimic that of a woman when responding. When he did not leave after two hours, the police arrived and escorted him out of the restroom. He then gave the police consent to search him, where they found lotion and a pornographic magazine, and he was subsequently arrested. The Warren County Circuit Court found him guilty of misdemeanor trespassing and he was sentenced to six months in jail. The defendant appealed, citing an error in denying his motion for acquittal and for the exclusion of the lotion and pornographic magazine as evidence. The Court of Appeals of Missouri, Eastern District found that the lotion and pornographic magazine were properly admitted as evidence. The evidence was also relevant in ascertaining his intent for remaining in the bathroom unlawfully. This evidence also determined whether his presence was an accident or intentional, which undermined his defense that he was in the bathroom lawfully. Accordingly, the Court upheld his conviction.
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Year
- 2015
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Type
Jurisdiction