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Another charge has been added to the 11 counts of video voyeurism against a former Booneville teacher accused of video recording girls in a school bathroom.

The prosecuting attorney's office for Logan County on Tuesday charged 39-year-old Mark Aaron Smith with distributing/possessing or viewing matter depicting sexually explicit conduct involving a child, first offense. The charge is a Class C felony that carries a penalty of up to 10 years in prison and a fine of up to $10,000.

The amended criminal complaint did not specify any actions that led to the charge, only that it had occurred Aug. 28, the same date of the video voyeurism occurrences.

Smith, who was a teacher and coach at Booneville High School, was charged in Logan County Circuit Court in September with the 11 counts of video voyeurism, all Class D felonies that carry a penalty of up to six years in prison and a fine of up to $10,000.

He resigned Sept. 1 after being suspended.

Photo by Logan County sheriff's office
Mark Aaron Smith

Smith's jury trial had been scheduled for April 23, but Circuit Judge Jerry Don Ramey granted a delay until May 18, according to circuit court records.

The video voyeurism charges accuse Smith of placing a cellphone in the girls bathroom of the Booneville High School Field House and secretly recording 11 students, who had a reasonable expectation of privacy, without their permission. The girls ranged in age from 13 to 17.

The charges state the offenses occurred Aug. 28. An affidavit filed with the initial charges said that on Aug. 30 Smith's cellphone was found recording in a soap dispenser in the girls bathroom.

Questioned by school officials, Smith admitted the phone found in the bathroom was his but denied knowing how it ended up in a soap dispenser. He gave the code to unlock his phone to the school superintendent, the affidavit said.

"Upon viewing video on Smith's phone it was clear to school administration that Mark Smith had started the phone recording and placed it in the soap dispenser," the affidavit said.

Smith also downloaded a video of the girls bathroom to a classroom computer, according to the affidavit. The video showed Smith placing the phone and retrieving it from the soap dispenser, according to the affidavit.

A statement released from the school at the time said parents of the affected students were notified and that all female students in grades seven to 12 were given general information about the video recording and were offered counseling.

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State Desk on 04/26/2018

Print Headline: New voyeurism count filed; Logan County prosecutor adds to ex-teacher’s charges

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