Simon v. Commonwealth

ELDER, Judge.

Richard Abner Simon (appellant) appeals from his jury trial conviction for indecent liberties in violation of Code § 18.2-370. On appeal, he contends the trial court erred in refusing to instruct the jury on indecent exposure, proscribed by Code § 18.2-387, as a lesser-included offense. He also contends the evidence was insufficient to establish he acted with the lascivious intent necessary to support his conviction. We hold the court did not err in refusing the proffered instruction and that the evidence was sufficient to prove appellant acted with lascivious intent. Therefore,…