Billy Lemon v. State of Arkansas

2026 Ark. App. 30
CourtCourt of Appeals of Arkansas
DecidedJanuary 21, 2026
StatusPublished

This text of 2026 Ark. App. 30 (Billy Lemon v. State of Arkansas) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billy Lemon v. State of Arkansas, 2026 Ark. App. 30 (Ark. Ct. App. 2026).

Opinion

Cite as 2026 Ark. App. 30 ARKANSAS COURT OF APPEALS DIVISION II No. CR-24-814

Opinion Delivered January 21, 2026 BILLY LEMON APPELLANT APPEAL FROM THE CRAWFORD COUNTY CIRCUIT COURT V. [NO. 17CR-23-525]

STATE OF ARKANSAS HONORABLE MARC MCCUNE, APPELLEE JUDGE

AFFIRMED

N. MARK KLAPPENBACH, Chief Judge

Billy Lemon appeals his convictions for two counts of second-degree sexual assault

and one count of rape. On appeal, Lemon argues that the circuit court abused its discretion

in denying his motion to sever the charges and in admitting testimony under the pedophile

exception. We affirm.

Lemon was accused of committing crimes against two minor children: second-degree

sexual assault and rape against MC1 and second-degree sexual assault against MC2. The

children are cousins and considered Lemon their uncle. Before trial, Lemon filed a motion

to sever the offenses and hold separate trials for each victim. Lemon argued that he was

entitled to severance because the alleged crimes were not part of the same incident or scheme.

The circuit court denied the motion because it found that the testimony of each victim would

be admissible in the other’s trial under Arkansas Rule of Evidence 404(b). The circuit court also found, over Lemon’s objection, that the testimony of four other witnesses who alleged

that Lemon had sexually assaulted them when they were minors was admissible under the

pedophile exception.

At trial, MC1, then seventeen years old, testified that she disclosed her abuse after

she ran away from home in July 2021. MC1 recounted that the first time Lemon abused her

occurred when he told her to lie on a bed and color in a coloring book while he removed

her underwear and touched her with his fingers. MC1 testified that when she was seven or

eight years old, Lemon began making her put her hands or mouth on his penis while he

moved her up and down. MC1 testified that this happened often, usually in Lemon’s car.

She testified about one occasion in Lemon’s car at a car wash when he penetrated her with

his fingers. MC1 testified that Lemon told her he would get in trouble if she told anyone.

The last time Lemon attempted to molest MC1 was in August 2020 when she was fourteen

years old. While they were in a car together, Lemon tried to touch her vagina, and MC1

pushed him away. MC1’s mother testified that Lemon started spending time alone with

MC1 when she was five or six years old.

MC2, who was fourteen years old at the time of trial, testified that the first time

Lemon touched her was when he picked her up for lunch and took her to his house where

they sat in his truck. Lemon touched her chest and thigh. After she protested, Lemon got

out of his truck and masturbated. MC2 said that Lemon told her not to say anything or he

would get in trouble, and she would be taken away from her family. MC2 testified that on

another occasion, she was at Lemon’s house playing with his daughter. When MC2 had to

2 use the bathroom, Lemon insisted she use the master bathroom. Lemon then walked in on

her and carried her to the bedroom floor where he lay on top of her and touched his penis

to her vagina. MC2’s mother confirmed that Lemon had picked MC2 up for lunch in

December 2020 and that she spent time at his house in the spring of 2021.

Two of Lemon’s former victims (“FVs”) who are sisters testified that when they were

about seven and thirteen years old, their mother was friends with Lemon’s wife. FV1 and

FV2 said that they rode in a truck with Lemon through a field to go see fireworks. Lemon’s

wife and the sisters’ parents rode in the cab of the truck, while Lemon, the sisters, and their

brother rode in the truck bed. FV1 testified that Lemon asked her to sit on his lap and then

put his hand up her dress and rubbed her underwear. After FV1 got up to stand by her

siblings, Lemon stood up by FV2. She testified that Lemon tried to slip his hand into her

shorts at her hip. FV2 pushed Lemon away and yelled for her parents to stop the truck.

Another witness, FV3, testified that Lemon assaulted her when she was spending time

at the home of Lemon’s sister, whom she considered an aunt. FV3 said that when she was

between twelve and fourteen years old, Lemon trapped her in the bathroom and penetrated

her with his fingers. She said that on another occasion, he did the same thing in a bedroom.

Lemon’s niece, FV4, testified that in 2014, when she was nine years old, she and her mother

stayed at Lemon’s home while visiting Arkansas for the holidays. FV4 said that she was left

alone with Lemon at one point, and he raped her on his bathroom floor. Lemon was found

guilty of all charges against MC1 and MC2 and sentenced to sixty years’ imprisonment.

3 Whenever two or more offenses have been joined for trial solely on the ground that

they are of the same or similar character and they are not part of a single scheme or plan, the

defendant shall have a right to a severance of the offenses. Ark. R. Crim. P. 22.2(a). The

supreme court, however, has consistently allowed an exception to Rule 22.2 in cases

involving sexual abuse of children and evidence admissible under Arkansas Rule of Evidence

404(b). See Parish v. State, 357 Ark. 260, 163 S.W.3d 843 (2004); Dillard v. State, 333 Ark.

418, 971 S.W.2d 764 (1998); Richardson v. State, 314 Ark. 512, 863 S.W.2d 572 (1993). Rule

404(b) provides that “[e]vidence of other crimes, wrongs, or acts is not admissible to prove

the character of a person in order to show that he acted in conformity therewith. It may,

however, be admissible for other purposes, such as proof of motive, opportunity, intent,

preparation, plan, knowledge, identity, or absence of mistake or accident.” When the charge

concerns the sexual abuse of children, the supreme court has held that evidence of sexual

abuse with children other than the victim is admissible to show motive, intent, or plan

pursuant to Rule 404(b). Parish, supra.

Additionally, the pedophile exception allows the State to introduce evidence of a

defendant’s similar acts with the same or other children when it is helpful in showing a

proclivity for a specific act with the person or class of persons with whom the defendant has

an intimate relationship. Hortenberry v. State, 2017 Ark. 261, 526 S.W.3d 840. The rationale

for this exception is that this evidence helps to prove the depraved sexual instinct of the

accused. Id. There are two requirements for this exception to apply: (1) a sufficient degree

of similarity between the evidence to be introduced and the charged sexual conduct and (2)

4 evidence of an “intimate relationship” between the defendant and the victim of the prior

act. Id.

Lemon argues that the circuit court abused its discretion in denying his motion to

sever because the charged crimes (1) are not close in time, (2) do not involve the same child

or children in the same household, and (3) do not show the same type of “depraved sexual

instinct” as evidenced in other cases. We disagree. First, in looking at the time interval

between the crimes, MC1 testified that Lemon began abusing her as far back as 2014 and

that he last attempted to engage in sexual contact with her in August 2020. MC2 testified

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