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Knutsen v. State11/26/2004
ka Supreme Court has reached analogous conclusions with regard to single dangerous or assaultive acts that produce harm to two or more victims. See State v. Dunlop, 721 P.2d 604, 609-610 (Alaska 1986) (upholding separate manslaughter convictions for each victim of a drunk driver), and Cooper v. State, 595 P.2d 648, 650 (Alaska 1979) (upholding separate assault convictions when a defendant's threatening conduct with a weapon placed three people in fear of imminent serious injury). As the supreme court explained in Dunlop,
Instead of focusing on the accused's intent[,] we must look at the consequences [of the accused's conduct]. Where an act of violence injures multiple victims, there are as many punishable offenses as there are victims. We look first at the offense prohibited by the statute. In cases of manslaughter or assault, the conduct prohibited is the killing or injuring of a person. Where more than one person is victimized, more than one offense occurs. Where multiple offenses occur, the double jeopardy provision does not apply.
Here, Knutsen violated the privacy of eight people, even though he made only one videotape of the activity in the women's locker room. Because the gist of the offense is the invasion of bodily privacy, and because eight people suffered the invasion of privacy prohibited by the statute, Knutsen committed eight separate offenses, and he was properly convicted and punished for each of these offenses.
Conclusion
Knutsen's attack on the jury instructions is moot; the State was not obliged to prove that Knutsen acted with a culpable mental state concerning the possibility that he might violate the privacy of minors as opposed to adults. And Knutsen was properly convicted of eight counts of indecent photography because he violated the privacy of eight separate victims. Accordingly, the judgment of the superior court is AFFIRMED.
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