State of Iowa v. Clinton R. VanFossen

CourtCourt of Appeals of Iowa
DecidedAugust 7, 2024
Docket23-0019
StatusPublished

This text of State of Iowa v. Clinton R. VanFossen (State of Iowa v. Clinton R. VanFossen) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Clinton R. VanFossen, (iowactapp 2024).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 23-0019 Filed August 7, 2024

STATE OF IOWA, Plaintiff-Appellee,

vs.

CLINTON R. VANFOSSEN, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Scott County, Meghan K. Corbin,

Judge.

Clinton Vanfossen appeals his convictions for electronic or mechanical

eavesdropping, preventing apprehension or obstruct prosecution, and five counts

of invasion of privacy–nudity. CONVICTIONS AFFIRMED; SENTENCES

VACATED AND REMANDED FOR RESENTENCING.

Kent A. Simmons, Bettendorf, for appellant.

Brenna Bird, Attorney General, and Sheryl Soich, Assistant Attorney

General, for appellee.

Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J.,

Greer, J., and Bower, S.J.*

*Senior judge assigned by order pursuant to Iowa Code section 602.9206

(2024). 2

BOWER, Senior Judge.

Clinton Vanfossen was convicted of electronic or mechanical

eavesdropping, preventing apprehension or obstructing prosecution, and five

counts of invasion of privacy–nudity after hidden cameras were found in and near

his daughter’s bedroom. Vanfossen appeals, challenging the sufficiency of the

evidence supporting his convictions and the district court’s denial of his motion in

limine, claiming the admitted evidence led the court to incorrectly apply a transfer-

of-intent rule on his invasion-of-privacy charges. Upon review, we find these

claims to be without merit and we affirm Vanfossen’s convictions. However,

because the court did not provide specific reasoning for imposing consecutive

sentences as opposed to concurrent sentences, we vacate the sentencing order

and remand to the district court for resentencing.

I. Background Facts and Proceedings

In early 2020, Bettendorf police received a “cybertip” from the National

Center for Missing and Exploited Children alleging “a teenage female was being

filmed, at time in a state of nudity, likely without the knowledge of the

video/recording device being present.” The internet provider’s account information

associated with the camera system led police to Vanfossen’s residence.

Vanfossen’s wife allowed police to search the home, and officers discovered two

cameras hardwired to the ceiling disguised as smoke detectors.1 One of the

cameras was outside of the bedroom of Vanfossen’s college-aged daughter, A.V.

The other camera was on A.V.’s bedroom ceiling. Police also discovered notes

1 Two actual smoke detectors were found inside a storage bin in Vanfossen’s

basement. 3

Vanfossen had written to A.V., detailing his interactions with her and expressing

his love for her.

Vanfossen denied knowledge of the cameras.2 He agreed to come to the

police station after work the next day, but he didn’t show up and instead went

home. Officers met him there with a search warrant. The only phone Vanfossen

had with him was one he had purchased that morning before work. Police

eventually found deleted nude images of A.V. from 2017, which had been recorded

on a different type of camera Vanfossen had placed in her bathroom. Police also

found nude and partially nude film and images of a young couple, J.B. and T.B.,

who stayed in A.V.’s bedroom while visiting during the 2019 holiday season.

The State filed a trial information charging Vanfossen with five counts of

invasion of privacy, in violation of Iowa Code section 709.21(3) (2020); one count

of electronic or mechanical eavesdropping, in violation of section 727.8; and one

count of preventing apprehension or obstruction of prosecution, in violation of

section 719.3(1). The State did not name A.V. as a victim in any of the charges.

As to why A.V. was not also a named victim, the State explained:

When this all came out and we believed that the defendant was actually having a sexual relationship with his daughter, or had actually raped her like the person saw on the camera, we honestly just didn’t want to make it that traumatic for her. There clearly was some religious control from what our investigation revealed, and we had two other adults that were willing to come in and testify who were actually recorded, and we were trying not to further traumatize his daughter to be quite honest.

2 Police found receipts showing Vanfossen had ordered two motion-activated cameras several years earlier. 4

Vanfossen pleaded not guilty and waived his right to a jury trial. Vanfossen testified

in his defense during the three-day bench trial, stating he had never been sexually

attracted to A.V. and he installed cameras as a protective measure, because he

was concerned about A.V. “leaving the [Christian] faith” to “bring a boy home from

school” or pursue “different avenues, whether it’s sex, drugs or whatever.”

Vanfossen testified any feelings he had for his daughter were fatherly and

protective, in line with his Christian faith, and he installed the cameras to make

sure A.V. did not have boys visiting the house, while the prosecution claimed he

had a sexual attraction toward her and installed the cameras to watch her for a

sexual intent.

Following trial, the district court entered a written ruling finding Vanfossen

guilty as charged. The court imposed a total sentence of imprisonment not to

exceed six years. Vanfossen appeals. Additional facts will be set forth below as

relevant to his claims on appeal.

II. Motion in Limine

Prior to trial, Vanfossen filed a motion in limine seeking exclusion of

evidence “show[ing] that Defendant is sexually attracted to his daughter, and that

the cameras were planted for a devious reason with regard to the daughter,”

because “[t]his evidence is irrelevant, as his daughter is not the subject of any of

the alleged recordings at issue with regard to the Trial Information.” This claim

implicates the evidence relating to the five counts of invasion of privacy, which

alleged Vanfossen filmed J.B. or T.B. on separate occasions during their visit to

Vanfossen’s home from December 2020 to January 2021. Specifically, Vanfossen

challenged the admission of evidence showing he “was trying to film [A.V.] for his 5

sexual purposes,” including a “love letter” Vanfossen wrote to A.V. and journal

entries Vanfossen wrote about A.V.

According to Vanfossen, “no law whatsoever” supports a “transferred intent”

theory as a basis for admission of the evidence. In other words, Vanfossen

claimed:

Any allegation of an improper sexual desire between Defendant and his daughter will be hugely prejudicial and hugely irrelevant. The daughter is not the subject of any of the recordings at issue, and none of the allegations in the Trial Information concern the daughter at all. Therefore, whether Defendant is sexually attracted to his daughter has no bearing on this case.

The State resisted the motion, claiming “[the] evidence is certainly relevant to the

issue at hand and is more probative than prejudicial when it comes to proving the

element that the recording was done for the purpose of arousing or gratifying the

sexual desire of the defendant.”

At hearing on the motion, the parties addressed the statute at issue, section

709.21, which sets forth the crime of invasion of privacy–nudity as follows:

1.

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State of Iowa v. Clinton R. VanFossen, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-clinton-r-vanfossen-iowactapp-2024.