Christopher C. Brown v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be
regarded as precedent or cited before any Jan 10 2017, 8:35 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Paula M. Sauer Curtis T. Hill
Danville, Indiana Attorney General of Indiana
Matthew R. Elliott
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Christopher C. Brown, January 10, 2017
Appellant-Defendant, Court of Appeals Case No.
32A01-1606-CR-1527
v. Appeal from the Hendricks Circuit
Court
State of Indiana, The Honorable Daniel F. Zielinski,
Appellee-Plaintiff. Judge
Trial Court Cause Nos.
32C01-1506-F5-68
32C01-1506-F5-69
Robb, Judge.
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Case Summary and Issue
[1] Following a bench trial, Christopher Brown was convicted of two counts of
child seduction as Level 5 felonies. Brown appeals his convictions, raising the
sole issue of whether the evidence is sufficient to sustain his convictions.
Concluding the evidence is sufficient, we affirm.
Facts and Procedural History
[2] Between 2013 and 2015, Plainfield High School employed Brown, an
accomplished musician, as a part-time assistant director of the school’s band.
As a part-time director of the band, Brown worked with the jazz band, concert
band, marching band, and show choir band (“Show Band”). The Show Band
provides musical accompaniment to the school’s show choir (“Choir”).1
Students R.C. and M.H. were members of the Choir and Brown had a sexual
relationship with both students. At the time, R.C. and M.H. were under the
age of eighteen. In June 2015, M.H. reported her relationship with Brown to a
school guidance counselor. During an investigation into the report, the
Plainfield Police Department discovered Brown also had a sexual relationship
with R.C.
1
Jannelle Heaton, the school’s Choir director, explained the Show Band is made up of volunteers from
the school’s band department and plays the music while the Choir sings. Heaton asked Brown to work
with the Show Band and Brown obliged. Although Brown neither instructed nor supervised Choir
students, the record indicates Brown often interacted with Choir students, attended Choir auditions,
and attended all of the dress rehearsals between the Choir and the Show Band.
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[3] On June 30, 2015, the State charged Brown with two counts of child seduction.
Specifically, the State alleged Brown had a professional relationship with the
students knowing the students were at least sixteen, but less than eighteen, years
of age. Prior to trial, the parties stipulated to the following facts:
Parties agree [M.H.]and RC’s testimony would be:
a. That each witness was over 16, less then [sic] 18 years
of age
b. That each were students at Plainfield High School
c. That each were involved with the school show choir
d. That each had consensual sexual intercourse or other
consensual sex acts with [Brown]
e. That they were not forced or rewarded in any way for
said sex acts or intercourse[.]
State’s Exhibit 1.
[4] At trial, M.H. testified she was a member of the Choir during her sophomore
and junior years. During her sophomore year, M.H. met Brown during a dress
rehearsal prior to a Choir competition. The two became friends, and by the end
of M.H.’s sophomore year, they began speaking to one another outside of
school via cell phone; Brown would often discuss how lonely he was, that he
was going to get a divorce, and how he wanted to hurt himself. Brown also
stated he loved M.H. and M.H. thought she loved him. During M.H.’s junior
year, the first sexual encounter between M.H. and Brown occurred after school
in a band storage room during Choir auditions. Thereafter, Brown and M.H.
had two additional sexual encounters in different areas of the school.
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[5] R.C. testified she worked as a crew member for the Choir during her junior
year. R.C. first met Brown during breaks between competitions. At some
point, R.C. requested Brown be her friend on Facebook and Brown accepted.
The two then began messaging via Facebook and numerous other cell phone
applications because Brown “didn’t want his wife to find out.” Transcript at
112. The relationship then evolved and the two began “flirting with each
other” and sending “inappropriate messages to each other.” Id. at 111. R.C.
also described the first inappropriate encounter, which occurred at the school,
as hugging and kissing. Eventually, Brown and R.C. had sexual intercourse on
at least two occasions. One instance occurred at R.C.’s house and another
occurred at “this hot tub place where . . . he gave lessons to kids.” Id. at 113.
At some point, Brown expressed his intent to divorce his wife, marry R.C., and
have children with her.
[6] At the conclusion of evidence, the trial court found Brown guilty and entered
judgment of conviction on both counts of child seduction as Level 5 felonies.
Brown now appeals his convictions.
Discussion and Decision
I. Standard of Review
[7] In reviewing the sufficiency of the evidence to support a conviction, we neither
reweigh the evidence nor judge the credibility of witnesses. Willis v. State, 27
N.E.3d 1065, 1066 (Ind. 2015). We consider only the evidence supporting the
judgment and any reasonable inferences drawn therefrom. Id. We will affirm
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the conviction “if there is substantial evidence of probative value supporting
each element of the crime from which a reasonable trier of fact could have
found the defendant guilty beyond a reasonable doubt.” Walker v. State, 998
N.E.2d 724, 726 (Ind. 2013) (citation omitted).
II. Child Seduction
[8] The State charged Brown with child seduction pursuant to Indiana Code
section 35-42-4-7(n), which provides,
A person who:
(1) has or had a professional relationship with a child at
least sixteen (16) years of age but less than eighteen (18)
years of age whom the person knows to be at least sixteen
(16) years of age but less than eighteen (18) years of age;
(2) may exert undue influence on the child because of the
person’s current or previous professional relationship with
the child; and
(3) uses or exerts the person’s professional relationship to
engage in sexual intercourse, other sexual conduct . . . or
any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the
person;
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commits child seduction.[2]
On appeal, Brown argues the evidence is insufficient to establish he had (1) a
professional relationship with M.H. and R.C., and (2) knowledge of their age.
We address each argument in turn.
A. Professional Relationship
[9] A person has a professional relationship with a child if
(1) the person:
(A) has a license issued by the state or a political
subdivision on the basis of the person’s training and
experience that authorizes the person to carry out a
particular occupation; or
(B) is employed in a position in which counseling,
supervising, instructing, or recruiting children forms a
significant part of the employment; and
(2) the person has a relationship with a child that is based on the
person’s employment or licensed status as described in subdivision
(1).
2
The crime is a Level 6 felony if the person engaged in fondling or touching with intent to arouse or satisfy
the sexual desires of either the person or the child. The crime is elevated to a Level 5 felony if the person
engaged in sexual intercourse or other sexual conduct with the child as defined in Indiana Code section 35-
31.5-2-221.5. Brown does not challenge his convictions on this basis.
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Ind. Code § 35-42-4-7(i) (emphasis added). Brown contends the State failed to
establish he had a professional relationship with the victims, arguing his
relationships with M.H. and R.C. were not based on his employment at the
school.3 Specifically, Brown maintains there is not a significant causal nexus
between his employment as a part-time director of the band and his
relationships with two members of the Choir. In support of his claim, Brown
points to evidence that M.H. and R.C. were members only of the Choir, he was
not a director of the Choir, he did not supervise or instruct members of the
Choir, he did not have authority over members of the Choir, and he had no
ability to either reward or punish members of the Choir. The State cites to
evidence that Brown was employed as a director of the band, Brown met the
victims at the school while performing his directorial duties, and the first sexual
encounters with both victims occurred at the school and argues this evidence is
sufficient to establish Brown’s relationships with the victims were based on his
employment. We agree with the State.
[10] The State presented evidence Brown was employed as a part-time director of
the school’s band. As a result of his employment, Brown was asked to
participate as the director of the Show Band and Brown often interacted and
established friendly relationships with members of the Choir. Brown
capitalized on his relationships with M.H. and R.C. and used social media
3
Brown concedes the State presented sufficient evidence to establish he was employed in a position in which
counseling, supervising, instruction, or recruiting children formed a significant part of his employment. See
Appellant’s Brief at 12.
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applications to communicate with them outside of school. Both M.H. and R.C.
had their first inappropriate encounters with Brown while at school.
Specifically, M.H.’s first sexual encounter occurred in the band’s storage room
while students were auditioning for the Choir. In sum, four of the six instances
of inappropriate sexual contact between Brown and the victims occurred on
school property. The evidence firmly establishes Brown’s relationships with
M.H. and R.C. were based on his employment. We conclude the State
presented sufficient evidence to establish Brown had a professional relationship
with M.H. and R.C.
B. Knowledge Requirement
[11] As noted above, the State was required to prove Brown knew M.H. and R.C.
were at least sixteen years of age but less than eighteen years of age. Ind. Code
§ 35-42-4-7(n)(1). “A person engages in conduct ‘knowingly’ if, when he
engages in the conduct, he is aware of a high probability that he is doing so.”
Ind. Code § 35-41-2-2(b). A trier of fact may infer the requisite intent for a
crime exists based solely on circumstantial evidence. See Stokes v. State, 922
N.E.2d 758, 764 (Ind. Ct. App. 2010) (“Knowledge and intent are both mental
states and, absent an admission by the defendant, the trier of fact must resort to
the reasonable inferences from both the direct and circumstantial evidence to
determine whether the defendant has the requisite knowledge or intent to
commit the offense in question.”), trans. denied.
[12] At the outset, we note Brown did not testify at trial and there is no direct
evidence indicating Brown knew M.H. and R.C. were under the age of
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eighteen. However, the evidence and reasonable inferences arising therefrom
indicates Brown has worked off-and-on with students participating in band for
several years at “many other schools,” tr. at 79, and common sense dictates the
vast majority of high school students are under the age of eighteen, see Staton v.
State, 853 N.E.2d 470, 475-76 (Ind. 2006) (noting a trier of fact can, and is
expected to, apply common sense in weighing evidence). After meeting M.H.
and R.C. at school, Brown continued to communicate with each outside of
school. M.H. testified she and Brown expressed their love for one another.
R.C. testified Brown explained his intent to divorce his wife, and marry and
have children with her. R.C. also considered Brown her boyfriend. It is clear
Brown had close relationships with each student and a reasonable trier of fact
could infer Brown had knowledge of their ages.
[13] Given Brown’s experience directing high school students and Brown’s close
and lengthy relationships with the victims, coupled with the common sense
notion the majority of high school students are under the age of eighteen, a
reasonable trier of fact could conclude Brown was aware of the high probability
that M.H. and R.C. were under the age of eighteen. We conclude the State
presented sufficient evidence to establish Brown knew M.H. and R.C. were
under the age of eighteen.
Conclusion
[14] The State presented sufficient evidence to support Brown’s convictions for child
seduction. Accordingly, we affirm.
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[15] Affirmed.
Kirsch, J., and Barnes, J., concur.
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