PROVO Spending 14 months in jail and being monitored for life by federal authorities is a severe enough punishment that a man who pleaded guilty to attempted voyeurism will not serve any more jail time.
Richard Barney, 46, pleaded guilty Wednesday to two reduced charges of attempted voyeurism, both class A misdemeanors.
Police arrested Barney after an Orem resident noticed him filming the bottoms and lower regions of young children in the Orem Summerfest Parade on June 9, 2007.
Barney was already on federal probation for a charge of possession of child pornography, said his defense attorney Debbie Hill, and the arrest triggered a violation of his agreement.
That means he will now be monitored by federal authorities for the rest of his life. An agent was with him in court Wednesday.
Prosecutor Donna Kelly agreed that with Barney's guilty pleas, the remaining eight charges of voyeurism would be dismissed.
"This was a situation of filming some children in a public setting," Kelly said. "The children were not aware of what was happening, so there were no specific victims who were damaged by this."
The numerous children that Barney filmed were participating in the parade or watching the parade and were fully clothed. However, Kelly said code states that they had a "reasonable expectation of privacy."
Barney has already served 14 months in the Utah County Jail while the case was proceeding, and Hill told Judge Lynn Davis that the agreement between attorneys was that he could receive credit for the time served. The judge agreed with the recommendations and closed the case.
"He's (received) a very significant sanction here," Hill said. "He's going to be supervised for the rest of his life."
He attends classes, must remain employed and has people keeping track of him constantly, Hill said.
A class A misdemeanor carries a maximum punishment of one year in jail."He's served the maximum he can serve in this case," Davis said.
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