Brian Richard Lee

COTTONWOOD HEIGHTS — A serial peeping Tom with a history of committing lewd acts on school properties in girls locker rooms was arrested again Wednesday after police say he sneaked into the girls locker room at Brighton High School during a dance team recital.

The recital at the school, 2220 E. Bengal Blvd. (7600 South), included about 80 girls from school's dance team, said Cottonwood Heights police detective Beau Babka.

At some point during the afternoon, a 44-year-old man sneaked into the girls locker room and hid in a shower stall behind a plastic screen.

"You can see the other showers and the rest of the locker room (from where he was hiding)," Babka said. "We think he had been in there quite some time."

Just after 5 p.m., one of the girls noticed "movement" behind the curtain. There were four other girls with her, Babka said.

"She opened the curtain, he pulled his pants back up and stood up and just took off outside the locker room," he said.

The girls notified school administrators immediately, and police made a quick response to the school. They found the man in front of the school, apparently about to walk away, Babka said.

Brian Richard Lee of Sunset was booked into the Salt Lake County Jail for investigation of five counts of lewdness involving a child and criminal trespass.

Lee has a long history of similar arrests dating back to 1992, mostly in Davis and Weber counties. In every case, he was arrested on allegations of being a peeping Tom at a school.

But law enforcers say they're frustrated that Lee continues to plead down many of his cases to class B misdemeanors, meaning he has never been placed on the state sex offender registry.

"This is a perfect example of someone that has skirted through the system," Babka said.

The Roy Police Department has also dealt with Lee in the past. Chief Greg Whinham said Thursday that Lee needs long-term incarceration.

"That's actually alarming so soon after the last incident that he has been arrested again. Obviously he's not getting the message," he said.

Babka said his office hopes to work with the Salt Lake District Attorney's Office to find a stronger charge for Lee, possibly even putting him into a habitual criminal category.

"We've got to find a way to stop this guy. This guy is obviously a predator," Babka said.

Being convicted of lewdness involving a child, a class A misdemeanor, would make a person eligible to be placed on the sex offender registry.

Last December, Lee was caught twice in the girls locker room at Davis High School. He was booked into the Davis County Jail for investigation of lewdness, voyeurism, criminal trespass and disorderly conduct.

Also in 2007, the Weber School District sent out an e-mail to employees warning that Lee was caught hiding in a shower stall in the girls locker room at Harrisville's Orion Junior High.

"If you see him in or near your school, NOTIFY LAW ENFORCEMENT IMMEDIATELY," the e-mail stated.

A check of Utah State Court records shows in 2004, Lee plead pleaded guilty for criminal trespass on school property in Layton and an amended charge of attempted lewdness in exchange for a misdemeanor charge of disruption of school activities being dismissed. After that conviction, he was ordered by the judge into a sex offender treatment program, according to court documents.

In 1995, in Davis County, Lee plead guilty to lewdness involving a child in exchange for a second count dismissed.

He pleaded no contest to lewdness and criminal trespass in 1996 for an incident in Roy. Three years earlier, again based on a Roy incident, Lee pleaded guilty to criminal trespass and two counts of lewdness.