People v. Carbajal

Opinion

RYLAARSDAM, Acting P. J.

We have been asked to decide whether defendant Nicolas Limón Carbajal’s conviction for indecent exposure (Pen. Code, § 314, subd. 1) is valid where there is no evidence that anyone actually saw his naked genitals. We conclude it is, based on circumstantial evidence that actual exposure occurred in the presence of other persons. We arrive at this conclusion after determining that visual observation of the exposed genitals is not an element of the offense. Further, we disagree with defendant’s contention that the trial court erred in refusing to give a special…