People v. Bath

Opinion by

Judge NEY.

Defendants, David Eugene Bath and Jeffrey William Giardina, appeal the judgment of conviction finding them guilty of sexual exploitation of children and of conspiracy. We reverse and remand with instructions.

Defendants participated in a party held on March 5,1991, in a local motel room. Five of the six people attending, including defendants, took part in various sexual activities while the sixth person videotaped the happenings. All of the participants were over eighteen years of age, "with the exception of the victim who was bom on May 24, 1973, and was therefore…