An individual was found guilty of two counts of indecent exposure after he exposed himself while standing outside the window of his house. After he was observed by neighbors the first time, he closed the curtain on the window. He then re-opened the curtain and the neighbors again saw him exposing himself.
California’s indecent exposure statute says that any person who “exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby” is guilty of indecent exposure. (Penal Code section 314.1)
The Court of Appeal reversed one of the two convictions because the California Constitution provides that no person may be put in jeopardy twice for the same offense. The Court said that while there may have been a break between the observations of defendant, there is no evidence that he ever pulled up his pants. In fact, when the curtain closed and opened, he was still exposed in the same spot