[10]In the first video, My Mother and Sister Pretend to Be Expecting My Babies After I Lost My Memory, the titular mother and sister pretend to care for their shared brother and son. Bedtelyon’s probation officer testified, “At some point he impregnated them both and they were carrying his children.”[1] Id. at 25–26. The sister “was clearly in love with him.” Id. at 26. These details suggest that the video heavily implies incestuous sex but not that such sex was depicted or described. This is so even though two of the characters become pregnant. Without evidence that the video showed or recounted the act leading to conception, we cannot say the video depicted or described sexual conduct.
[11]The second video, I Seduced My Cousin and Let Him Do Everything He Wanted, features an “attractive” sixteen-year-old girl telling a story about her crush on her sixteen-year-old male cousin. “After great efforts of trying to seduce [him], he ended up spending the night with her cuddling, kissing all over.” Id. at 26. The two begin dating and wrangle with how to disclose their relationship to their family. Again, none of the actions depicted or described satisfy the statutory definition of “sexual conduct.” See Ind. Code § 35-49-1-9. “Kissing all over” could describe “other sexual conduct”—namely mouth to genital contact—but it could also describe behavior squarely outside the bounds of the Sexual Conduct Statute. See Ind. Code § 35-31.5-2-221.5. Where multiple witnesses testified that the characters were never nude, and there was no- ↑ Bedtelyon testified that neither woman was actually pregnant, which the video’s title corroborates. Tr. Vol. II, p. 60. Considering only the evidence in favor of the judgment, however, we accept Bedtelyon’s probation officer’s description here. See Phipps, 177 N.E.3d at 125.
Court of Appeals of Indiana | Opinion 21A-CR-1952 | March 4, 2022
Page 7 of 11
