Jesy A. Evitts v. State of Indiana

── Jesy A. Evitts v. State of Indiana ── Case No.: 22A-CR-01271 Court: Indiana Court of Appeals Date: February 17, 2023 Author: Judge Elaine Brown County of Origin: Pike Category: Criminal Decision: Affirmed Judge Bailey and Judge Weissmann concur On May 14, 2021, the State charged Evitts with Count I, child exploitation as a level 4 felony, and Count II, child exploitation as a level 5 felony. On January 21, 2022, Evitts filed a Motion to Dismiss pursuant to Ind. Code § 35-34-1-4 alleging that the photo in question did not show his genitalia touching the face of the minor but only in close proximity to the child’s face.