COLUMBUS, Ohio (AP) — The Ohio Supreme Court has upheld the conviction of a man who secretly videotaped an 11-year-old girl while she was undressed in a bathroom.
Terry Lee Martin was convicted of creating nudity-oriented material involving a minor and possession of criminal tools. The Dayton man has argued that the images weren’t lewd and didn’t involve a "graphic focus" on genitals as defined under Ohio law.
The court in a 5-2 decision Wednesday rejected Martin’s argument and said the images clearly met the legal definition of nudity that prohibits the creation of child-nudity-oriented material.
Court records say Martin used an iPod to record the girl in March 2012 in Montgomery County.
A message seeking comment on Martin’s behalf was left Wednesday with the state public defender’s office.