Robert Joseph Defayette, 45, was sentenced Thursday to two to five years in prison. However, 4th District Judge Samuel Hoagland suspended that sentence and instead ordered Defayette to serve 120 days in jail, with all but 30 days of that also suspended.
Defayette pleaded guilty in January to felony video voyeurism.
On Oct. 10, Defayette twice used his cell phone to record underneath the skirt of a woman working at an Eagle hair salon, according to the criminal complaint filed in the case. The filming took place without the woman’s knowledge or consent, the complaint stated.
Under Idaho law, video voyeurism is filming “with the intent of arousing, appealing to or gratifying the (offender’s) lust or passions or sexual desires ... or for his own or another person’s lascivious entertainment or satisfaction of prurient interest” without the knowledge or consent of the subject.
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If Defayette violates his probation, he could be ordered to serve out the prison sentence. His probation officer was also given discretion to send Defayette to jail for up to 120 additional days for violations.
Hoagland gave prosecutors 90 days to file a request for restitution. That will allow the victim to determine the cost of counseling and submit that bill to the court.
Defayette was also fined $50,000, with all but $10,000 suspended.
The case was prosecuted by the Idaho Attorney General’s Office because of a conflict of interest with the Ada County Prosecutor’s Office.