The state’s appeals court Tuesday upheld a Wilson County court conviction and sentencing of a Smith County man on multiple sex charges.
A Wilson County jury in 2011 found Barry Hogg, a “lifelong Smith County resident,” guilty of 24 charges, including 11 counts of especially aggravated sexual exploitation of a minor, seven counts of criminal exposure to HIV and six counts of aggravated statutory rape.
Hogg was originally indicted by a grand jury in January 2010, after video evidence of an explicit sexual encounter with a 14-year-old male victim was discovered by Smith County authorities.
According to trial testimony, Hogg knew he was HIV positive before the encounter.
Hogg was ultimately sentenced to 174 years in prison.
While Hogg did not deny the encounter, he appealed his conviction and sentencing, asserting that although police found 11 videos, they were all filmed within an hour timeframe so should be considered one count.
The appeals court, however, disagreed.
Delivering the opinion of the court, Judge Jerry L. Smith cited Tennessee law, which specifically allows a defendant to be charged with a separate count for each video representation.
“After a review of the record, we determine that the evidence was sufficient to support the convictions that that the evidence supported individual convictions for events that occurred during one sexual encounter,” said the court's opinion. “Further, the court properly sentenced [Hogg].”