State v. T. Brennan

Summary

The Court held that in-personly watching a child change clothes can constitute using the child in an exhibition of sexual conduct under Montana’s child-sexual-abuse statute. It further held that the trial evidence, viewed favorably to the prosecution, was sufficient for a rational jury to find the required elements beyond a reasonable doubt. The Court therefore reversed the order granting a new trial and dismissing the conviction, and remanded for reinstatement of the jury’s verdict and conviction.