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Name: People v. Smith
Case #: B235091
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/01/2012

Where multiple witnesses see a single act of indecent exposure, the defendant may be convicted of only one count arising from that conduct. Appellant was convicted of five counts of indecent exposure (Pen. Code, § 314, subd. (1)) resulting from three separate incidents in which appellant exposed himself. In one of the incidents, appellant exposed himself in front of the window of a residence. His act was seen by several occupants of the house at different times and this resulted in two convictions of indecent exposure. Appellant challenged the two counts of conviction stemming from a single exposure. Held: One count reversed. One continuous act of indecent exposure cannot result in multiple convictions where the conduct is viewed by multiple consecutive victims. Section 314 “prohibits the exposure itself and not the specific exposure to a person.” The number of witnesses is not an element of the offense.