SALT LAKE CITY (AP) - The Utah Supreme Court has overturned the conviction of a man for flashing diapers he was wearing in front of children.
Barton Bagnes will go free after the ruling handed down Friday, more than three years after he was sentenced to state prison for showing his Sesame Street diaper to two 8-year-old girls in the Salt Lake City suburb of White City.
The 36-year-old Bagnes was convicted in 3rd District Court in 2010 of lewdness and sexual exploitation of a minor.
Justices wrote that while Bagnes’ conduct “was strange and socially inappropriate,” it did not rise to the “level of criminal lewdness or sexual exploitation under the criminal definition of those terms.”
Bagnes was wandering through a White City neighborhood in 2009 when two girls outside playing asked about the diaper sticking out of his pants. Bagnes then dropped his trousers and showed the girls he was wearing a toddler’s diaper.
The Millcreek man, who became known as “Diaper Man” after his arrest, testified he had an incontinence problem since childhood and was just demonstrating that it’s OK for adults to wear diapers.
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