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Douglas v. State

The evidence supported a finding that the defendant committed the offense of public indecency by performing a lewd exposure of his sexual organs in a public place.

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Following a trial by jury, Benjamin Thomas Douglas was convicted on one count of public indecency. Douglas appeals his conviction, arguing that the evidence was insufficient to sustain the jury’s verdict and that the trial court erred by failing to define “public place” in its charge to the jury. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s guilty verdict,1 the record reflects that the witness in this case was entering a mall department store from a parking-lot entrance when he encountered Douglas, who was sitting on a bench outside of the store. From only 10-15 feet away, the witness noticed that Douglas was masturbating and could clearly see his exposed penis. When the witness approached to ask if something was wrong, Douglas hastily retreated into the parking lot as the witness followed behind while on the phone with 911, and Douglas then threatened the witness.

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