Convicted:
2017,
LDS positions: Unknown position, - LDS mission:
Unknown country -
Alleged:
2,
Alleged crime scenes:
girls bathroom,
Criminal case(s): Convicted, Pleaded guilty,
Alleged church actions: unknown,
updated May 1, 2026 - request update | add info
Devan MacCabe was a Mormon church member living in Rexburg, Idaho is former student of BYU Idaho. MacCabe is originally from Salem, Utah.
In 2017 MacCabe pleaded guilty to:
-Video Voyeurism by Installing or Permitting the Use of Imaging Device Without Mutual Consent
In December of 2016 MacCabe planted a camera in his three friends and roommates bathroom, who were girls.
MacCabe had to pay each victim restotution:
1. $1800.00 / victim #1
2. $95.23 (amended from 425.22) / victim #2
MacCabe is not a registered sex offender.
In May 2021 MacCabe submitted a two page affidavit to the courts requesting the removal of his felony charge from his record, so he could get a job that required security clearance. The judge denied his request.
“I’m seeking an early discharge from probation, setting aside my guilty plea, and a final dismissal of my case so that my rights may be restored.” –East Idaho News
If you have any information on MacCabe’s LDS membership history please contact us.
Have any info on this Mormon sex abuse case? Contact us.
Sources
- Ex-BYUI student sentenced for hiding camera in women’s bathroom,
- Ex-BYU-Idaho student who hid camera in women’s bathroom wants conviction off his record,
- Man accused of hiding camera in women’s apartment released from jail,
- Former student in voyeurism case pleads guilty,
- Former student charged with voyeurism pleads not guilty,
- Ex-BYUI student sentenced for hiding camera in women’s bathroom,
- Man arrested for placing camera in Rexburg bathroom,
- Madison County judge calls video voyeurism, “a despicable act”,
- CR-2017-183 | State of Idaho vs. Devan James MacCabe Case Number CR-2017-183 / REQUEST EARLY DISCHARGE 05-2021 DENIED,
- Sign in LDS Church, Brigham Young University-Idaho student Convicted of Felony Devan James MacCabe ,
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1. Ex-BYUI student sentenced for hiding camera in women’s bathroom
REXBURG — A former Brigham Young University-Idaho student was sentenced Monday on a felony sex crime after he hid a camera and recorded women in their apartment bathroom.
Devan MacCabe, 23, was booked into the Madison County Jail on Jan. 20 on one felony count of video voyeurism. The Salem, Utah man pleaded guilty to the charge in April.
During Monday’s sentencing hearing, Madison County deputy prosecuting attorney Rob Wood recommended MacCabe serve two to five years on probation.
“He should at least get the chance to be on probation, do treatment and see if he can succeed,” Wood said.
MacCabe’s defense attorney, James Archibald, asked for probation for his client and highlighted that his client has already sought treatment while awaiting sentencing.
“We ask the court to not require him to register as a sex offender,” Archibald said.
There was debate about the actual number of victims in the case.
Judge Gregory Moeller suggested there were six victims because six women lived in the apartment.
Archibald argued there was only one woman videotaped undressed for ten seconds. Another was recorded while using the restroom but Archibald said she should not be considered a victim.
MacCabe spoke during the sentencing hearing and said he has started a piano tuning business since his arrest. He talked about being addicted to pornography and other struggles he’s encountered.
“Throughout my life, I’ve always spent every minute of every day doing everything I possibly can to try my very best in life,” MacCabe said.
Moeller addressed issues discovered in MacCabe’s polygraph test that revealed a history of voyeurism.
According to a pre-sentence report, MacCabe admitted that he had, on another occasion, planted a GoPro camera in a closet of the same apartment and recorded a woman undressing.
In another voyeuristic act, MacCabe admitted to watching a woman shower without her knowledge.
Moeller also addressed concerns that MacCabe originally blamed the apartment complex maintenance man for the hidden camera.
“You were initially playing along with the roommates conclusion that someone else must be to blame because they knew your ‘character’ and knew that your weren’t capable of this,” Moeller said. “They looked at the SD card and found there were pictures of you on there suggesting it was your SD card. You had these six girls manipulated into wanting to blame some maintenance man at the apartment complex for what you had done.”
Moeller ended up sentencing MacCabe to a suspended prison term of two to five years with five years of supervised sex-offender probation. He can not own anything with a camera or anything that connects to the internet.
“No smart phone with you,” Moeller said to MacCabe.
MacCabe was ordered to pay various fines and to reimburse counseling service costs for the victims.
He will also serve sixty days in the Madison County jail with credit for ten days served. MacCabe will not have to register as a sex offender because Idaho law does not permit first time voyeurism offenders to register.
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2. Ex-BYU-Idaho student who hid camera in women’s bathroom wants conviction off his record
REXBURG — The former Brigham Young University-Idaho student convicted of voyeurism for secretly recording women in their apartment bathroom wants off probation early and his conviction removed from his record.
In 2017, Devan MacCabe, 27, pleaded guilty to felony voyeurism, and then-District Judge Gregory Moeller placed him on probation until June 18, 2022. Then in March, MacCabe asked that District Judge Steven Boyce let him off probation a year early, set aside his guilty plea and remove the conviction from his record.
RELATED | Ex-BYUI student sentenced for hiding camera in women’s bathroom
Although MacCabe was ordered to undergo sex-offender treatment, he was not required to register as a sex offender.
MacCabe submitted a two-page affidavit supporting his reasoning for wanting the judge to grant the request. He said since his conviction, he has attended a community college and plans to graduate this summer. When seeking employment in his wanted career field of 3D printed architecture, he has discovered one firm has military contracts.
“(This means) I cannot have a felony on my record,” MacCabe writes. “I’m seeking an early discharge from probation, setting aside my guilty plea, and a final dismissal of my case so that my rights may be restored.”
RELATED | BYUI student charged with voyeurism after camera discovered in bathroom
Since being placed on probation, MacCabe says in the affidavit, he has never violated the terms of his probation, has not committed any new crimes, and is working to be a productive member of society.
Madison County Prosecutor Rob Wood has objected to MacCabe’s request to dismiss the case.
A hearing to hear MacCabe’s and Wood’s arguments on the status of the case is scheduled for May 17.
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3. Man accused of hiding camera in women’s apartment released from jail
REXBURG — A former Brigham Young University-Idaho student accused of hiding a camera and recording women in a bathroom was released from jail Tuesday.
Devan MacCabe, 23, was booked into the Madison County Jail on Jan. 20 on one felony count of video voyeurism. He waived his preliminary hearing in Magistrate Court on Tuesday, and his case will now proceed to District Court.
MacCabe’s attorney, James Archibald, and Madison County Prosecutor Sid Brown presented an agreement to Judge Colin Luke asking that MacCabe be released from jail on his own recognizance. That means he did not post bond but promised, in writing, to appear in court for all upcoming proceedings.
MacCabe was ordered to not have any contact with the victims, to avoid all internet access and was prohibited from accessing electronic devices.
The Salem, Utah, man was arrested after six BYU-Idaho students in a women’s apartment found a camera in their bathroom that investigators believe had been there for a month.
“We went over and discovered a little pinhole camera was hidden in a towel hanger,” Rexburg Police Capt. Randy Lewis told EastIdahoNews.com on Jan. 23.
MacCabe was a student at BYU-Idaho when he was arrested, but a university spokesman says he is no longer enrolled.
MacCabe is scheduled to appear in court for his next hearing Monday.
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4. Former student in voyeurism case pleads guilty
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5. Former student charged with voyeurism pleads not guilty
REXBURG — A Brigham Young University-Idaho student pleaded “not guilty” to video voyeurism on Monday. The charge cites that he installed or permitted the use of an imaging device without mutual consent.
Devan MacCabe and his attorney Jim Archibald came before Seventh District Judge Greg Moeller, where MacCabe took the “not guilty” plea.
The state charged MacCabe with the video voyeurism offense after a camera was found in a girls' apartment at LaJolla Apartments at 65 S. First E. last month. It had apparently been there between Dec. 20, 2016, and Jan. 20, 2017. The women didn't notice the hidden camera until Jan. 19, and it wasn't until the next day that they realized it was a camera.
Moeller told MacCabe that he faced up to five years in prison and a fine of up to $50,000 should he be convicted. Restitution may also be ordered for the victims of the case, the judge said.
Moeller also warned MacCabe that he might have to register as a sex offender.
“I can't tell by the way this is charged if this would apply to you. Idaho code states if any of the victims are under 18 or this is a second offense for this charge, it would require a sex offender registration,” he said.
MacCabe spent some time in the Madison County Jail after being arrested. He was recently released on bond and is staying with his family in Utah. He is under court order not to communicate with any of the victims and their families. He's also to avoid the internet and pornography.
Prosecutor Rob Wood specifically asked that MacCabe and his acquaintances have no contact with any of the victims.
“The reason is that there was an incident where MacCabe's friend of a friend contacted the victim. It wasn't in evidence, and it's not that he necessarily asked him to, but it was close enough to the line,” Wood said. “We ask that we reiterate that he have no contact with this victim or any other victim related to the case.”
After MacCabe pleaded “not guilty” to the charges, Moeller set a jury trial date to run from Wednesday, May 17, through Friday, May 19. A pretrial conference is set for April 17.
In the meantime, MacCabe is required to routinely check in with his lawyer and to attend any upcoming court dates.
According to the initial police report, MacCabe's alleged camera had been disguised as a towel hook and placed on the bathroom wall at the women's apartment.
“(The women) had found a suspicious item which was a stick on a towel hanger. The stick on the towel hanger was a small video camera,” Police Captain Randy Lewis said shortly after the police took the report.
Six young women are roommates in that apartment, and one of them was apparently engaged to MacCabe.
A small memory chip was attached to the camera. Lewis didn't know if the camera was live-streaming bathroom activity or if MacCabe managed to remove and added new memory chips on subsequent visits. Police later seized the camera and its memory chip.
Moeller cautioned MacCabe to follow through with court requirements.
“You need to do nothing to make this more complicated for yourself. Stay in contact with your attorney and appear for all court proceedings. Have no contact between yourself or a third party with the victim in this case or the victim's family. That would include social media, internet, texting — anything of that kind.” he said.
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6. Ex-BYUI student sentenced for hiding camera in women’s bathroom
REXBURG, Idaho — A former Brigham Young University-Idaho student was sentenced Monday on a felony sex crime after he hid a camera and recorded women in their apartment bathroom.
Devan MacCabe, 23, was booked into the Madison County Jail on Jan. 20 on one felony count of video voyeurism. The Salem, Utah man pleaded guilty to the charge in April.
During Monday's sentencing hearing, Madison County deputy prosecuting attorney Rob Wood recommended MacCabe serve two to five years on probation, EastIdahoNews.com reported.
"He should at least get the chance to be on probation, do treatment and see if he can succeed," Wood said.
MacCabe's defense attorney, James Archibald, asked for probation for his client and highlighted that his client has already sought treatment while awaiting sentencing.
"We ask the court to not require him to register as a sex offender," Archibald said.
There was debate about the actual number of victims in the case.
Judge Gregory Moeller suggested there were six victims because six women lived in the apartment.
Archibald argued there was only one woman videotaped undressed for ten seconds. Another was recorded while using the restroom but Archibald said she should not be considered a victim.
MacCabe spoke during the sentencing hearing and said he has started a piano tuning business since his arrest. He talked about being addicted to pornography and other struggles he's encountered.
"Throughout my life, I've always spent every minute of every day doing everything I possibly can to try my very best in life," MacCabe said.
Moeller addressed issues discovered in MacCabe's polygraph test that revealed a history of voyeurism.
According to a pre-sentence report, MacCabe admitted that he had, on another occasion, planted a GoPro camera in a closet of the same apartment and recorded a woman undressing.
In another voyeuristic act, MacCabe admitted to watching a woman shower without her knowledge.
Moeller also addressed concerns that MacCabe originally blamed the apartment complex maintenance man for the hidden camera.
"You were initially playing along with the roommates' conclusion that someone else must be to blame because they knew your 'character' and knew that you weren't capable of this," Moeller said. "They looked at the SD card and found there were pictures of you on there suggesting it was your SD card. You had these six girls manipulated into wanting to blame some maintenance man at the apartment complex for what you had done."
Moeller ended up sentencing MacCabe to a suspended prison term of two to five years with five years of supervised sex-offender probation. He can not own anything with a camera or anything that connects to the internet.
"No smart phone with you," Moeller said to MacCabe.
MacCabe was ordered to pay various fines and to reimburse counseling service costs for the victims.
He will also serve sixty days in the Madison County Jail with credit for ten days served. MacCabe will not have to register as a sex offender because Idaho law does not permit first-time voyeurism offenders to register.
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7. Man arrested for placing camera in Rexburg bathroom
A Utah man has been accused of placing a small camera in the bathroom of a Rexburg apartment where six young women live.
The Post Register reports Devan MacCabe, 23, of Salem, Utah, was booked Friday into the Madison County Jail on a felony charge of video voyeurism.
Rexburg Police spokesman Capt. Randy Lewis says a small camera was found hidden inside a towel hook mounted in the bathroom.
The suspect and the victims are Brigham Young University-Idaho students.
Lewis says the suspect lives in the same apartment complex as the women and was acquainted with them.
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8. Madison County judge calls video voyeurism, “a despicable act”
A former BYU-Idaho student is back in jail after Madison County Judge Gregory Moeller sentenced him for charges of felony video voyeurism.
Nine people gathered in the spare, empty courtroom for a word of prayer just minutes before Devan MacCabe had been asked to report to court for his sentencing, asking for the demands of justice to be met while exercising mercy at the same time.
“He’s shaking in his shoes,” Jim Archibald, Devan MacCabe’s defense attorney, told the court prior to his sentencing.
The sentencing had been in the works since April when Devan MacCabe pled guilty to placing a hidden camera in his fiancee’s apartment bathroom.
“I’ve hurt a lot of people,” Devan MacCabe told the courts. “I’ve shocked a lot more.”
Defense attorney Jim Archibald said people who know Devan MacCabe, including former LDS mission companions, his mission presidents and other friends, submitted 24 letters for good character references. As the court proceedings began, Archibald submitted two more character references from medical professionals in Utah.
“I can’t help but agree with Mr. Wood (prosecuting attorney),” Devan MacCabe said. “I was lying to the victims and the detectives.”
Devan MacCabe then proceeded to reference a list of good character demonstrations, including his rank as Eagle Scout, graduating from high school, serving a full-time LDS mission in New York and even starting his own piano tuning business following his release from jail to help pay for fees and fines from the courts.
Devan MacCabe said he’s been attending addiction recovery meetings, sometimes multiple times a week along with proactively meeting with therapists before the court’s sentencing which often includes mandated treatment.
“I’ve been trying to right this problem as much as possible,” Devan MacCabe said. “I’ve dishonored my family and I’ve caused a lot of pain and moving forward I just hope I’ll be able to do something about it to make a difference.
Judge Moeller said that Devan MacCabe’s accomplishments highlight his alleged double life.
“It appears you’ve been living a double life,” Judge Moeller told MacCabe. “I firmly believe that every young woman in that apartment were victims in one way or another…you can only imagine, at least I hope you can imagine, I hope you’re capable of imagining how all six of those girls might feel.”
Judge Moeller said Devan MacCabe’s claims that the crime was just “a slip-up,” and was “not planned,” were not true.
“This is a despicable act.” Judge Moeller said. “You obviously had to install them well in advance…you bought this equipment online, you surreptitiously planted it, you waited, waited and waited for when you could get it, you got it, you watched it and used it for perversive ways to pleasure yourself…I don’t think this was a one-time slip up.
Devan MacCabe, Judge Moeller said quoting a report, “portrayed himself in an unrealistically virtuous manner.”
Despite the horrific nature of the crime, Judge Moeller said the pre-sentencing investigation revealed Devan MacCabe has an extremely low risk of reoffending and also has many positive character attributes that speak to his ability to learn from and overcome the crime.
“You’re described as being energetic, ambitious and exuding optimism,” Judge Moeller said. “You’re kind of a people pleaser…reports show you have a very high IQ, scoring in the 98th percentile,” before adding, “which would suggest certainly you should know better and also suggests you have the ability to use that intelligence not always for good things.”
Judge Moeller said the letters sent in Devan MacCabe’s behalf better represent his reputation instead of his character. Character, Judge Moeller said, is better defined as how one acts when no one is looking.
“I don’t believe character is what people think of us, that’s our reputation,” Judge Moeller said. “Character is how we act when we think nobody is watching. Character’s who we really are and we know, sir, how you act when nobody is watching and we know now sir what you’re capable of when nobody is watching…they have not seen your true character that many of us now are aware of.”
Judge Moeller added character can be changed and improved, “but it is what it is at this point in your life.”
The sentence of five years in prison, the maximum allowed in the state of Idaho for the charge, with a suspended sentence of five years probation and 60 days in jail with 10 days credit for time already served gives MacCabe the best chance of changing his character and improving his life, Judge Moeller said.
But, the sentence Judge Moeller issued was more stringent than either the defense or prosecution had recommended.
Judge Moeller said the law does not allow him to force Devan MacCabe to register as a sex offender.
“The defendant will not be required to register as a sex offender under Idaho Code 188307, because of the way this case was charged, I cannot require it,” Judge Moeller said. “But, I want the record to be clear that if I could order it I would because I do think it would be proper in this case. The court is bound to follow the law.”
Judge Moeller closed the hearing with Deven to be immediately remanded to the custody of the Madison County Sheriff Office to commence execution of the sentence.
Hands shaking, Devan removed his watch, stood up, loosened his tie with a few short tugs and handed his belongings to his father, Brett MacCabe.
Before the court room was cleared out of Devan’s family and friends, Devan was allowed a few moments to speak with his parents.
With tears in his eyes, Devan talked to his mom and dad for one last moment before he was placed back in custody.
“We were prepared for whatever the judge was ready to say,” said Brett MacCabe. “I’m not a believer in removing the consequences of my son’s actions. We were willing to accept whatever the judge deemed was appropriate…he understands the needs not only for my son, but for society.”
The published story can be found at byuiscroll.org
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9. CR-2017-183 | State of Idaho vs. Devan James MacCabe Case Number CR-2017-183 / REQUEST EARLY DISCHARGE 05-2021 DENIED
Case Information
CR-2017-183 | State of Idaho vs. Devan James MacCabe
Case Number
CR-2017-183Court
Madison County District CourtJudicial Officer
Boyce, Steven WFile Date
01/21/2017Case Type
CriminalCase Status
Closed - After JudgmentCharge
Charges
MacCabe, Devan James
Description Statute Level Date
1 Video Voyeurism by Installing or Permitting the Use of Imaging Device Without Mutual Consent I18-6609(2)(a) Felony 12/20/2016Disposition Events
02/06/2017 Plea
1
Video Voyeurism by Installing or Permitting the Use of Imaging Device Without Mutual ConsentNot Guilty
06/19/2017 Disposition
1
Video Voyeurism by Installing or Permitting the Use of Imaging Device Without Mutual ConsentGuilty
06/19/2017 Felony Sentence
1
Video Voyeurism by Installing or Permitting the Use of Imaging Device Without Mutual ConsentFelony Sentence
Confinement
Type: State Prison
Facility: Idaho Department of Correction
Term: 60 Days
Effective Date: 06/19/2017
Determinate: 2 Years
Indeterminate: 3 Years
Penitentiary Suspended
Credit Term: 10 Days
Condition - Adult
1. ZZZDO NOT USE Sup Probation PRIOR TO 7/1/18, 5Y, 06/19/2017-06/19/2022, Active 06/19/2017
05/17/2021 Motion to Dismiss
Original Type
Motion to DismissJudicial Officer
Boyce, Steven WHearing Time
10:30 AMResult
Hearing HeldComment
Pursuant to I.C.S. 19-2604
Parties PresentState: State of Idaho
Attorney of Record: Brown, Sidney Darwin
Defendant: MacCabe, Devan James
Attorney of Record: Ondo, Adam J.
05/17/2021 Court Minutes
06/11/2021 Order
Comment
Denying Defendant's Motion to Dismiss -
10. Sign in LDS Church, Brigham Young University-Idaho student Convicted of Felony Devan James MacCabe
Devan James MacCabe of Salem, Utah, and a Brigham Young University-Idaho student was originally charged with one count of felony video voyeurism after six female roommates living in the La Jolla Apartment Complex discovered a hidden camera in their bathroom.
Police reports show the camera was hidden in a towel hanger on the bathroom door. Prosecutor Rob Wood said the camera had been in the bathroom from Dec. 20 to Jan. 20. MacCabe admitted to placing a camera inside the bathroom in the apartment and inside the bedroom.
According to a pre-sentence report, MacCabe admitted that he had, on another occasion, planted a GoPro camera in a closet of the same apartment and recorded a woman undressing.
In another voyeuristic act, MacCabe admitted to watching a woman shower without her knowledge.
Judge Gregory Moeller, a sympathetic LDS Church member, only sentenced MacCabe to a suspended prison term of two to five years with five years of supervised sex-offender probation. He cannot own anything with a camera or anything that connects to the internet.
Devan James MacCabe’s is currently living at 141 S Main St Salem, UT 84653. One block away from Salem Elementary School
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