A bus passenger caught a man performing a sex act behind her between Lochgelly and Cowdenbeath.
Jordon Morris, 24, made the woman “jump out of her seat” when she turned to see him with his trousers pulled down.
She had noticed a “flash” from behind and thought he had taken a photo of her.
She turned to see him with his trousers down to the top of his thigh, fully exposing his genitals and pleasuring himself with his right hand.
She believed he was recording her on his phone while masturbating because his hand was pointing towards her with a flash on his phone, though the prosecutor said it is unclear if he had the torch on.
The woman jumped out of her seat and Morris stopped what he was doing as she moved seats, before leaving the bus and contacting police.
He appeared at Dunfermline Sheriff Court for sentencing after earlier pleading guilty to the sexual exposure, which took place on August 29 this year.
Sexual behaviour ‘problem’
Defence lawyer Aime Allan said Morris, of Bank Street, Lochgelly, accepts “he has a problem in connection with sexual behaviour”.
She referred to phrasing in a social work report suggesting it was something akin to an addiction.
Arguing for a non-custodial sentence, she said it is clear the first offender – who is in full time employment and a relationship – needs support to address this.
In another court case heard earlier in the day, Ms Allan had pointed out sex offender registration only applies for a sexual exposure offence if the offender is sentenced to prison or if the complainer is under 18.
She said sex offender notification requirements were put in place when Morris appeared previously but police had contacted her firm and it was looked into further.
Sheriff Krista Johnston said it seemed “incongruous” that the matter does not fall under sex offender notification requirements because if prosecuted as a breach of the peace and Morris was fined, he could be made subject to registration for up to five years.
Sentencing Morris, the sheriff noted he is a young person who has demonstrated “very concerning behaviour” but has identified his wrongdoing and its root cause.
She said there is an appropriate alternative to custody that will better protect the public and gave Morris a three-year community payback order comprising supervision and a requirement to attend the Moving Forward 2 Change sexual offending programme.
She also ordered him to do 100 hours of unpaid work to “mark the court’s disapproval”.
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