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Dublin man sentenced to 30 days for peeping

A Dublin man will serve 30 days in jail after being caught "peeping" in a local tanning booth.
James Michael Mitchell was charged with a class I misdemeanor after he was found looking over a partition at a tanning booth into an adjacent booth.
Mitchell was set to go to trial for this incident, but withdrew his appeal.
Wednesday morning in the Pulaski County Circuit Court, Mitchell’s attorney Everett P. Shockley said his client withdrew his appeal, with the modification that he would be allowed to serve his jail time only on weekends.
In addition, Shockley made the request that Mitchell begin serving August 14 or after, because Mitchell and his family had invested in a time share for August 2 through 9.
He said Mitchell had purchased the time share before he was charged with the incident, and would end up losing money if they didn’t use it during that particular week.
Ultimately, Judge Robert Turk said that Mitchell would start serving his sentence this weekend, then take the next two weekends off while he is at the time share location, then continue serving his sentence starting Friday, August 14.
Mitchell also made a request to assistant commonwealth’s attorney Bobby Lilly on Wednesday morning, asking him to "convey to the parties involved (in this incident) my deepest sincere apology."
Mitchell was charged last April under a state statute that makes it illegal for "any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any non-consenting person."
In a previous article about the case, Shockley was quoted as saying that Mitchell was accused of looking through a four-foot by eight-foot area above a partition, not a peephole or aperture, so there was no way he would have known he was violating that statute by looking through that area.
Shockley requested that the charge be dismissed because the law is so "constitutionally vague" and there is no way any "person of ordinary intelligence" would be aware of the violation given the circumstances.
In response, Lilly had said the tanning booths line a wall, with partitions between each booth. He said each booth has a door with a lock, but there are spaces for ventilation above each partition.
According to Lilly, Mitchell climbed on top of some furniture in his booth in order to look over the partition into an adjacent booth.
Shockley said his concern wasn’t a question of invading someone’s privacy, it’s a question of whether his client would know he was violating that specific statute by looking over the partition.
Judge Colin Gibb said the "obvious intent" of the partitions is to prevent a person from looking into the next booth, but agreed to allow both sides to present their arguments to the court during an April docket call.

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Dublin man sentenced to 30 days for peeping

A Dublin man will serve 30 days in jail after being caught "peeping" in a local tanning booth.
James Michael Mitchell was charged with a class I misdemeanor after he was found looking over a partition at a tanning booth into an adjacent booth.
Mitchell was set to go to trial for this incident, but withdrew his appeal.
Wednesday morning in the Pulaski County Circuit Court, Mitchell’s attorney Everett P. Shockley said his client withdrew his appeal, with the modification that he would be allowed to serve his jail time only on weekends.
In addition, Shockley made the request that Mitchell begin serving August 14 or after, because Mitchell and his family had invested in a time share for August 2 through 9.
He said Mitchell had purchased the time share before he was charged with the incident, and would end up losing money if they didn’t use it during that particular week.
Ultimately, Judge Robert Turk said that Mitchell would start serving his sentence this weekend, then take the next two weekends off while he is at the time share location, then continue serving his sentence starting Friday, August 14.
Mitchell also made a request to assistant commonwealth’s attorney Bobby Lilly on Wednesday morning, asking him to "convey to the parties involved (in this incident) my deepest sincere apology."
Mitchell was charged last April under a state statute that makes it illegal for "any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any non-consenting person."
In a previous article about the case, Shockley was quoted as saying that Mitchell was accused of looking through a four-foot by eight-foot area above a partition, not a peephole or aperture, so there was no way he would have known he was violating that statute by looking through that area.
Shockley requested that the charge be dismissed because the law is so "constitutionally vague" and there is no way any "person of ordinary intelligence" would be aware of the violation given the circumstances.
In response, Lilly had said the tanning booths line a wall, with partitions between each booth. He said each booth has a door with a lock, but there are spaces for ventilation above each partition.
According to Lilly, Mitchell climbed on top of some furniture in his booth in order to look over the partition into an adjacent booth.
Shockley said his concern wasn’t a question of invading someone’s privacy, it’s a question of whether his client would know he was violating that specific statute by looking over the partition.
Judge Colin Gibb said the "obvious intent" of the partitions is to prevent a person from looking into the next booth, but agreed to allow both sides to present their arguments to the court during an April docket call.

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