Come up with a fact scenario that would question the first element of the following statute:

a) A person commits the offense of snooping when such person views another person's diary without lawful authority and reads such other person's diary without permission

(b)

(1) For the offense of snooping to occur, slight viewing shall be sufficient; provided, however, that any such slight viewing of another person's diary which occurs while in the commission of cleaning shall not constitute the offense of snooping if

such viewing is merely incidental to cleaning.

(2) Viewing shall not be considered merely incidental to cleaning if it:

(A) Conceals or isolates the diary;

(B) Makes the viewing substantially easier; or

(C) Is for the purpose of avoiding apprehension