LAYTON — An Ogden man has been bound over for a district court arraignment on charges that he surreptitiously recorded a preteen girl showering in his home.

Marc Swain, 47, is a Weber County crime scene investigator who was put on administrative leave after his arrest on Jan. 27.

The criminal case is being investigated by the Layton Police Department and the charges prosecuted in 2nd District Court in Layton because of conflicts of interest arising from Swain having worked in Weber County law enforcement.

Swain made his first court appearance Monday before Judge Robert Dale. Swain waived his right to a preliminary hearing and Dale scheduled arraignment for June 3.

Swain had a position of trust with the girl, who told her mother she found a recording device in the bathroom, according to the arrest affidavit.

The affidavit states that the girl said she had seen the device, partially hidden, two other times in the bathroom and she noticed a lens on it.

On two of the occasions, the lens was pointed at the area where the girl would change to shower, and the third time it was pointed directly into the shower, the affidavit said.

Charging documents said the alleged offenses occurred between June 1, 2020, and Jan. 25 this year.

Swain is charged with two second-degree felony counts of sexual exploitation of a minor, one third-degree felony level of that charge, and three counts of third-degree felony voyeurism by concealed electronic equipment.

He is free from custody with conditions pending his court appearances.

You can reach reporter Mark Shenefelt at mshenefelt@standard.net. Follow him on Twitter at @mshenefelt.

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