People v. Atkinson CA3

BACKGROUND

In October 2022, during the early evening hours, C.M. was participating in a Halloween-themed photo shoot in an outdoor area near railroad tracks. She, along with several other women, were dressed as witches for the photo shoot. C.M. was dressed as a “Norse Viking witch,” with her eyes blacked out and a pagan symbol painted on her head. During the photo shoot, movement along the tree line caught C.M.’s attention. She saw a bright flash of red and turned to see defendant standing about 25-50 yards away, looking toward the photo shoot with his pants pulled down, masturbating. C.M. yelled at defendant, who “kept looking and masturbating.” C.M. took a picture of defendant. Then she called 911 and defendant ran. C.M. followed defendant until law enforcement arrived. On November 1, 2022, the People charged defendant with felony indecent exposure (Pen. Code, § 314, subd. (1)) and failure to register as a sex offender (§ 290.018, subd. (b)). The failure to register charge was later dismissed. Prior to trial, the trial court ruled on the parties’ motions in limine. Following the court’s ruling, defendant waived his right to a jury trial and agreed to a bench trial. The parties…