DAVIS, Presiding Judge:
¶ 1 Anthony Watkins appeals his conviction for aggravated sexual abuse of a child, a first degree felony, see Utah Code Ann. § 76-5-404.1(5) (2008). We affirm.
¶ 2 In September 2008, Watkins accepted a job with his niece's husband (Father). Watkins temporarily moved in with his niece (Stepmother) and Father until he could afford to get a place of his own. Three of Father and Stepmother's children lived with them during the time Watkins stayed at their home. Additionally, Father's ten-year-old child from a previous relationship (Child) visited Father and Stepmother "regularly" while Watkins was living with them.
¶ 3 Three years prior, Watkins had lost his son and stepdaughter in a tragic accident. Following the accident, his marriage suffered and he and his wife were eventually divorced.
¶ 4 Following the incident, Child no longer wanted to visit Father's home while Watkins was there. After a couple of weeks, Stepmother asked Child why she did not want to visit anymore and Child finally told her that it was because Watkins had "tried to kiss her on the head." Subsequently, Child disclosed the details of the incident to her mother, Stepmother, and Father. Father reported the incident to police, and Watkins was arrested.
¶ 5 Watkins was charged with aggravated sexual abuse of a child, a first degree felony, see id. The aggravating circumstance alleged by the State is that Watkins was in a position of special trust with respect to Child, see id. § 76-5-404.1(4)(h). At trial, after the State rested its case, Watkins moved to dismiss, arguing that the State had failed to prove that he was in a position of special trust with respect to Child and that he had acted with the "intent to arouse or gratify the sexual desire of any person," see id. § 76-5-404.1(2). The trial court denied the motion to dismiss, concluding that "the position of trust was simply indicated by a mature adult and a 10-year-old child who had lived in the same home" and that the issue of intent was one that "the jury ought to hear."
¶ 6 Prior to sentencing, Watkins moved for the trial court to arrest judgment and grant a new trial based on the affidavit of Stepmother's sister (Sister), which recounted the following conversation she had with Stepmother via text message a few days after trial:
Watkins argued that because Stepmother testified at trial that Child had not told her she had been spanked, the conversation demonstrates that Stepmother lied in her testimony at trial, that a truthful answer would have corroborated his version of events, and that he was, therefore, entitled to a new trial. The trial court denied Watkins's motion and sentenced him to a term of ten years to life in prison, one of the minimum mandatory sentences for aggravated sexual abuse of a child, see Utah Code Ann. § 76-5-404.1(6) (2008).
¶ 7 Watkins argues that the trial court erred by denying his motion to dismiss. "The denial of a motion to dismiss for failure to establish a prima facie case is a question of law[, which] we review for correctness." State v. Spainhower, 1999 UT App 280, ¶ 4, 988 P.2d 452. In evaluating the correctness of the trial court's ruling, "we apply the same standard used when reviewing a jury verdict." State v. Hamilton, 2003 UT 22, ¶ 41, 70 P.3d 111. A motion to dismiss is properly denied where "the evidence and all inferences that can be reasonably drawn from it
¶ 8 Watkins also argues that the trial court should have granted his motion for a new trial based on Stepmother's text messages. "When reviewing a trial court's denial of a motion for a new trial, we will not reverse absent a clear abuse of discretion by the trial court." State v. Pinder, 2005 UT 15, ¶ 20, 114 P.3d 551 (internal quotation marks omitted). "However, we review the legal standards applied by the trial court in denying such a motion for correctness . . . [and] the trial court's factual findings for clear error." Id. (citation and internal quotation marks omitted).
¶ 9 Watkins argues that there was insufficient evidence from which a reasonable jury could find, beyond a reasonable doubt, that he was in a position of special trust with respect to Child or that he acted with the intent to gratify a sexual desire. We disagree. First, there was sufficient evidence presented from which a jury could find that Watkins was in a position of special trust with respect to Child by virtue of his status as a cohabitant of Father. Second, the evidence of Watkins's actions toward Child is sufficient for the jury to infer intent because there is not such a reasonable alternative explanation for his behavior that a jury must necessarily have had a reasonable doubt as to Watkins's intent.
¶ 10 Sexual abuse of a child, which is normally a second degree felony, see Utah Code Ann. § 76-5-404.1(3), is a first degree felony where any one of several enumerated aggravating circumstances exists, see id. § 76-5-404.1(4)-(5). In this case, the State argued that aggravating circumstances existed because Watkins "occupied a position of special trust in relation to [Child]," see id. § 76-5-404.1(4)(h).
¶ 11 The fact that Watkins occupied a position of special trust may be established in two ways:
State v. Tanner, 2009 UT App 326, ¶ 16, 221 P.3d 901 (quoting Utah Code Ann. § 76-5-404.1(4)(h) (2008)); see also State v. Rowley, 2008 UT App 233, ¶ 10, 189 P.3d 109. The State argues that there was sufficient evidence to show that Watkins was an "adult cohabitant of [Child]'s parent," one of the positions of special trust specifically identified in the statute, see Utah Code Ann. § 76-5-404.1(4)(h). Watkins argues for a narrower definition of cohabitant than the one advanced by the State and argues that the trial court should have granted his motion to dismiss because there was no evidence from which a reasonable jury could have found that he was a cohabitant of Father.
¶ 12 "`[T]he term "cohabitation" does not lend itself to a universal definition that is applicable in all settings.' Thus, `the meaning of [cohabitation] depends upon the context
¶ 13 The definition found in the Cohabitant Abuse Act is significantly broader than the common definition of the word "cohabitant," see generally Keene, 2005 UT App 37, ¶ 10, 107 P.3d 693 ("In construing the plain language of a statute, words which are used in common, daily, nontechnical speech, should, in the absence of evidence of a contrary intent, be given the meaning which they have for laymen in such daily usage." (internal quotation marks omitted)), which may mean either "to live together as or as if husband and wife" or "to live together or in company," see Webster's New Collegiate Dictionary 257 (9th ed. 1986); see also Black's Law Dictionary 296 (9th ed. 2009) (defining the term "cohabitation" as "[t]he fact or state of living together, especially] as partners in life, usu[ally] with the suggestion of sexual relations"). The inclusion of individuals who do not necessarily live together, such as anyone "related by blood or marriage," see Utah Code Ann. § 78B-7-102(2)(c), in the Cohabitant Abuse Act's definition of cohabitant is inconsistent with the plain meaning of the word. Thus, where the legislature has not specifically ascribed that definition to the term "cohabitant" as used in the context of defining a position of special trust, we do not presume that it intended to do so. Cf. Lowry v. G & L Enters., 2011 UT App 94, ¶ 12 (holding that a broad statutory definition of a term that was inconsistent with the term's plain meaning did not affect the term's definition in other contexts). This is particularly true given that such an expansive definition of the term in the context of this statute would render redundant the inclusion of many of the individuals specifically listed, such as grandparents, aunts, and uncles, see Utah Code Ann. § 76-5-404.1(4)(h). See generally State v. Bluff, 2002 UT 66, ¶ 35, 52 P.3d 1210 (rejecting an interpretation of a statute that "would render portions of the statute redundant, superfluous, and inoperable").
¶ 14 However, the portion of the Cohabitant Abuse Act defining cohabitants as those who "reside[] or ha[ve] resided in the same residence," Utah Code Ann. § 78B-7-102(2)(f), is a reasonable definition in the position of special trust context because it is consistent with the plain meaning of cohabitant. Before applying this definition, however, it is necessary to determine what is meant by the word "reside." Like the term "cohabitant," the term "resident" "has no precise, technical, and fixed definition applicable in all contexts and to all cases." Government Emps. Ins. Co. v. Dennis, 645 P.2d 672, 674 (Utah 1982). Compare, e.g., Utah Code Ann. § 53-3-102(30) (2010) (defining the term "resident" for purposes of the Uniform Driver License Act), with Utah Code Ann. § 32A-1-105(51)-(52) (Supp.2010) (defining the terms "residence" and "resident" for purposes of the Alcoholic Beverage Control Act).
¶ 15 Watkins argues that residence implies permanency and is synonymous with domicile. See generally Webster's New Collegiate
¶ 16 Although a person may live somewhere temporarily, if he dwells there continuously and he treats the place as his home, he may be considered a resident of the place for purposes of determining whether he is a cohabitant of other individuals living there. See Keene, 2005 UT App 37, ¶¶ 12-13, 107 P.3d 693 (stating that a residence may be either "temporary or permanent" and listing several "nonexclusive factors" that may indicate cohabitation). In this case, the evidence indicated that Watkins lived with Father fulltime, had his own room, and paid rent. This was sufficient evidence that he was a resident of the home and, therefore, a cohabitant of Father.
¶ 17 There was likewise sufficient evidence of Watkins's intent for the issue to be submitted to the jury. "[I]ntent is a state of mind generally to be inferred from the person's conduct viewed in light of all the accompanying circumstances." State v. Kihlstrom, 1999 UT App 289, ¶ 10, 988 P.2d 949. Like the question of whether Watkins was in a position of special trust, the question of Watkins's intent was properly submitted to the jury so long as there was "some evidence, including reasonable inferences," see State v. Hall, 946 P.2d 712, 724 (Utah Ct.App.1997), from which the jury could find, beyond a reasonable doubt, that Watkins intended "to arouse or gratify the sexual desire of any person," see Utah Code Ann. § 76-5-404.1(2) (2008).
¶ 19 Watkins next argues that the trial court erred in refusing to grant him a new trial based on the text messages between Stepmother and Sister. It is appropriate for a trial court to grant a motion for a new trial based on newly discovered evidence if the evidence (1) "could not with reasonable diligence have been discovered and produced at the trial," (2) is not "merely cumulative," and (3) "render[s] a different result probable on the retrial of the case." State v. Montoya, 2004 UT 5, ¶ 11, 84 P.3d 1183 (internal quotation marks omitted). Watkins argues that the messages support his assertion that he did not go into Child's room intending "to gratify a desire to kiss [her] on the head and to touch her backside over her pajama bottoms." Watkins asserts that "[t]hroughout the trial . . . [he] maintained that he entered the room because [Child's little brother] had been crying and that he, in his drunken state, had spanked the children for allowing [Child's little brother] to disturb him." Because the text messages indicate that the children told Stepmother that Watkins had spanked them, whereas Stepmother testified at trial that Child had not told her that Watkins spanked her, Watkins argues that he should be able to present them in support of his intent argument at a new trial. Watkins's argument fails, however, because the text messages do not support any theory of intent actually raised at trial, the text messages are not contrary to Stepmother's testimony, the text messages are cumulative of other evidence presented at trial, and Watkins's intent in entering the room is not determinative of his intent in kissing and touching Child.
¶ 20 First, contrary to Watkins's assertion, he never argued at trial that he entered Child's room to scold the children for disturbing him. In fact, Watkins's counsel attempted to persuade the jury, during closing arguments, of a contrary motivation, suggesting that Watkins entered the room because he "was in need of human contact, people to be with," as a result of his despair over the loss of his children and his ex-wife's remarriage. Additionally, Child's testimony that all of the children were asleep when Watkins came in and that her little brother only woke up after Watkins entered the room undermines Watkins's most recent version of events and makes the likelihood of a different result on retrial dubious.
¶ 21 Second, the text messages do not prove that Stepmother lied in her testimony. Stepmother never claimed that Watkins had not spanked the children; she only testified that Child had not told her she had been spanked by Watkins. Her text message does not directly contradict this testimony because it states only that "[t]he kids" told her they had been spanked, not that Child specifically told her that Watkins had spanked her.
¶ 23 Finally, the reason Watkins initially entered the room is not determinative of the question of whether he had the intent to arouse or gratify a sexual desire when he actually kissed Child and rubbed her buttocks, as that intent could have been formed after he entered the room and began touching Child. Cf. State v. Rudolph, 970 P.2d 1221, 1229 (Utah 1998) (holding that "the intent to commit a felony, theft, or assault" in the context of a burglary may be formed either at the time of unlawful entry "or at any time thereafter while [the defendant] continues to remain there unlawfully"). For all of these reasons, there is virtually no likelihood that a different outcome would result if Watkins were permitted to provide evidence of the text messages at a new trial.
¶ 24 The trial court did not err by denying Watkins's motion to dismiss because there was sufficient evidence from which the jury could have found both that he was in a position of special trust with respect to Child and that he had the requisite intent to arouse or gratify his sexual desires. Furthermore, the trial court did not err in denying Watkins's motion for a new trial because the text messages between Stepmother and Sister did not support any theory advanced by the defense at trial, did not demonstrate that Stepmother had lied in her testimony, were cumulative of evidence already presented at trial, and were not probative of sexual intent. We therefore affirm.
¶ 25 WE CONCUR: STEPHEN L. ROTH, Judge and RUSSELL W. BENCH, Senior Judge.
