WEST JORDAN — The way Barton Bagnes tells it, his decision to wear a diaper that he exposes to children is part of a personal quest to prevent shame and abuse for children who struggle to control their bladders.
"I did it because kids that have this problem ... are told to keep secrets, tell lies," he said, crying in court Monday. "And it makes them that much more likely to keep secrets about abuse."
But 3rd District Judge Terry Christiansen refused to accept that rationale.
"It is wrong, and I don't buy your explanation, and the jury didn't buy it either," Christiansen said. "You are not on a one-man crusade for people with incontinence issues. ... That crusade is not working."
Christiansen ordered Bagnes, 33, to serve a one-to-15-year prison sentence for sexual exploitation of a minor, a second-degree felony, and two terms of zero to five years for two counts of lewdness involving a child, a third-degree felony. The sentences are to run concurrently.
Police have dubbed Bagnes "Diaper Boy" for his habit of approaching children, pulling his pants down to his thighs while pulling his shirt up to reveal a child's diaper. He was also charged with dealing harmful material to minors for allegedly distributing fliers advertising a website that included pictures of children, from toddlers to prepubescent teens, all wearing diapers. Those charges, however, were dismissed before his case went to trial in June.
Prosecutors say Bagnes' lewd behavior has gone on for 10 years.
"There have been 14 separate incidents since 1999," prosecutor Robert Neill said after the hearing. "He's really not learning the lesson."
Bagnes said he had reached out for help, but felt that wearing a diaper in public was the only way to address the issue of bed-wetting. He said he attempted to send letters to various media outlets hoping to shed light on the issue, but nothing came of those efforts.
"It's clearly not working, what I was doing," he said. "I couldn't think of any other way it would work. If I wrote a letter, it wouldn't be published in any newspaper. ... I couldn't think of any other way it would work."
Neill said Bagnes' inability to accept responsibility for his behavior, and his refusal to acknowledge that it was wrong, was a serious problem that warranted prison time.
"What is so concerning to the community, and of course, the state, is that he doesn't see that this is an issue," Neill said. "We're here because Mr. Bagnes goes up to children and scares them to death. ... These kids are terrified."
Defense attorney Kimberly Clark argued that her client is dyslexic and may suffer from some mental issues. She said he is very sensitive to people being made fun of and wore the diaper in a misguided attempt at making them feel better.
"He felt this was a way to help people," Clark said. "I told him he shouldn't abandon that thought, but he should go about it in an entirely different way. I think he's finally come to the realization that he can't keep doing what he's been doing."
Clark argued that prison time would not help Bagnes in any way and asked that he instead be sentenced to one year in jail and receive treatment. Christiansen said that while he wanted to help Bagnes, he said he could not believe that Bagnes would not accept that his behavior was wrong, even though Bagnes was incarcerated for a total of almost four years on similar charges in the past. He also noted that a presentence report noted that Bagnes doesn't wear a diaper in jail.
"You self-justify your actions, and they cannot be justified," Christiansen said. "I do not want to put you in prison, but I have no alternative," he said. "I hope, sincerely, that you have the epiphany I wish you'd had earlier. You have the opportunity to make some changes in your life."
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