Salt Lake City v. Howe, 387 P.3d 562

In September 2014 Howe sat under a tree in a public park with a jacket draped over his lap about 10–15 feet from a playground where children (ages 2–13) were playing.
Three adult witnesses, standing ~20–30 feet away, observed vigorous, gyrating arm movements under Howe’s jacket in the crotch area for 10–20 minutes and testified Howe appeared to be looking at the children.
None of the witnesses saw Howe’s hands on his genitals or exposed genitals; each described the conduct as consistent with masturbation.
An officer relayed Howe’s denial (he said he scratched himself and claimed religious scruples against such conduct). The City charged Howe with lewdness involving a child under Utah Code § 76-9-702.5(1)(c).
After the City rested, Howe moved for a directed verdict (insufficient evidence); the trial court denied the motion and the jury convicted him of a class A misdemeanor lewdness involving a child.
Howe appealed the denial of the directed verdict, arguing insufficiency as to (1) whether he actually masturbated, (2) whether he acted knowingly/intentionally, and (3) whether he acted "in the presence of" children.

Issue	Plaintiff's Argument (City)	Defendant's Argument (Howe)	Held
Sufficiency to prove masturbation	Witness descriptions of vigorous, crotch-area movements under a jacket support an inference of masturbation	Evidence was circumstantial and did not show actual contact with genitals; conviction rests on speculation	Evidence sufficient; reasonable inference of masturbation from duration, location, and described movements
Sufficiency to prove intent/knowledge	Intent/knowledge can be inferred from the nature, duration, and vigor of the conduct	No direct proof of mental state; conduct could be accidental (e.g., scratching)	Evidence sufficient; jury could infer knowing/intended conduct from circumstances
"In the presence of a child" meaning	Plain statutory language requires only that a child be in the same place as the lewd act	Statute title and ambiguity argue child must be actively involved, not merely nearby	"Presence" unambiguous: child need only be physically present; children were 10–15 feet away
Directed verdict standard on appeal	Reviewing court defers and views City’s evidence in most favorable light; conviction must be upheld if reasonable inferences support elements	Motion argued there was legally insufficient evidence in City’s case-in-chief	Denial of directed verdict affirmed; evidence and reasonable inferences supported each element

State v. Dibello, 780 P.2d 1221 (Utah 1989) (standard: uphold denial of directed verdict if some evidence supports jury finding beyond a reasonable doubt)
United States v. Jones, 44 F.3d 860 (10th Cir. 1995) (distinguishing reasonable inference from speculation)
State v. Brooks, 631 P.2d 878 (Utah 1981) (definition of inference from other proven facts)
State v. Workman, 852 P.2d 981 (Utah 1993) (guilty verdict invalid if based only on speculative inferences)
In re A.T., 34 P.3d 228 (Utah 2001) (conduct clutching clothed genitals and rubbing conveys appearance of masturbation)
State v. Kihlstrom, 988 P.2d 949 (Utah Ct. App. 1999) (knowledge/intent inferred from conduct and circumstances)