Facts
The Federal Supreme Court upheld the conviction of [X.] for multiple acts of indecent exposure under Art. 194 para. 1 of the Swiss Criminal Code. On July 18, 2013, [X.] had positioned his genitalia, which had been medically stimulated to erection, under skin-tight leggings on the terrace of a café in Zurich, in a way that it was inevitably perceived by a guest. On July 25, 2013, he had positioned himself a few meters next to a heavily frequented footpath to the "Oberer Letten" public bathing area in Zurich, where he first touched his erect penis over his swimming trunks and then exposed and masturbated it in front of the eyes of two female passersby.
Considerations
The Federal Supreme Court held that the objective elements of the offense of indecent exposure under Art. 194 para. 1 of the Swiss Criminal Code can also be fulfilled if the genitalia are not fully exposed, but are merely clearly visible under skin-tight clothing. The decisive factor is that the perpetrator consciously and for sexual motives displays his genitalia, so that the victim must inevitably perceive it.
Regarding the subjective elements, it is sufficient that the perpetrator had the general intention to be seen by women. It is not necessary that he had a specific target person in…