Onethumb
2009-10-25 13:36:51
Uhmmm…Bender? Did you happen to note that the case law you present uses example where the person convicted _deliberately_ exposed himself?
That part which satisfied the requirements was not that they saw him from a path, but rather that he followed them to a front window…thus showing intent.
If you practice do you actually charge your clients? I’ve read several of the reports on this and _none_ claim:
“How about the fact that the path that the child who saw this and his mother were on is a path between two houses that was commonly used by schoolchildren.”
If you have a cite I’d like to see it. Secondly that could still be considered inadvertent. It’s _intent_ per the cites you, yourself, post.
Sheesh.
