Iowa vs. Jorgensen Essay

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On June 2, 2006, an employee, working in the loss prevention department at the Shopko in Mason City, Iowa, was watching activity in the store on a camera system. She noticed a man, later identified as Troy Jorgensen, walking through the store fondling himself over his clothes. The employee contacted two fellow employees for assistance. The three employees observed Jorgensen follow a woman through the store while repeatedly exposing his genitals and masturbating. The woman may have seen Jorgensen's genitals, but she could not be located later and was never identified. While one store employee contacted the police, two of the employees left the video room to locate Jorgensen. When Jorgensen saw the two employees approach, he stopped fondling himself and attempted to exit the store. He detained by an off-duty officer. He claimed he was wearing shorts that were too small for him and that sometimes the fly would open and expose himself. Jorgensen was arrested for indecent exposure. On June 22, 2006, the Iowa District Court charged Jorgensen with indecent exposure (second offense) in violation of Iowa Code section 709.9 (2005). Which Jorgensen plead not guilty and argued he did not commit indecent exposure because there was no evidence to support that he knew the store employees viewed him through a camera system. Jorgensen also argued there was no evidence he purposefully exposed himself to the Shopko employees knowing, or he reasonably should have known, that the act was offensive to the employees. Therefore, Jorgensen claimed, he could not be convicted of indecent exposure. On December 27, 2006, the district court found the Jorgensen guilty of indecent exposure. Jorgensen filed a motion for a new trial because the district court erred in allowing evidence of the employees seeing him expose himself through store security cameras. The court had considered this

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