The trial court refused the instruction on the ground that Henderson did not expose himself to "public view," as that term has been interpreted by the Court of Appeals. See, e.g., State v. Artrip, 112 N.M. 87, 88, 811 P.2d 585, 586 (Ct.App.), cert. denied, 112 N.M. 21, 810 P.2d 1241 (1991) (holding that "public view" means a place accessible or visible to the general public, i.e., the act is likely to be seen by a number of casual observers). The Court of Appeals affirmed the refusal on two grounds.

¶10 As the State notes, other courts have interpreted similar language. The New Mexico Court of Appeals found that "public view" meant the crime happened in a place "accessible or visible to the general public", State v. Artrip , 112 N.M. 87, ¶ 4, 811 P.2d 585, 586 (N.M.Ct.App. 1991). The U.S. Court of Appeals for the Armed Forces found that, for indecent exposure, the phrase "public view" focuses on the person who views the indecent exposure, not the nature of the place as accessible to the public; where the crime is willful and a member of the public views the crime, the requirement is satisfied.

The trial court denied the request on the ground that Defendant did not expose himself to public view. See State v. Artrip, 112 N.M. 87, 811 P.2d 585 (Ct.App.), cert. denied, 112 N.M. 21, 810 P.2d 1241 (1991); State v. Romero, 103 N.M. 532, 710 P.2d 99 (Ct.App.), cert. denied, 103 N.M. 525, 710 P.2d 92 (1985). In support of his requested instructions, Defendant argued that exposure to anyone other than himself constituted exposure to public view.