Commonwealth v. Back

CERCONE, Judge:

This is an appeal from a judgment of sentence of the Court of Common Pleas of Chester County. Appellant was convicted, after a non-jury trial, of indecent exposure and open lewdness. He received two years probation on the indecent exposure charge. No sentence was imposed for open lewdness as the court concluded that it merged into indecent exposure.

Appellant’s sole contention is that the evidence was insufficient to prove that he acted knowingly. The mens rea requirements of the two offenses are virtually identical. Indecent exposure is defined in the Act of December 6,1972,…