A sex offender masturbated on a public bus when sitting behind a female passenger.
Jordon Morris had his phone out as well as his penis after sitting down behind the woman on a bus from Lochgelly to Cowdenbeath.
She became concerned when the camera on his phone flashed and she turned around to see Morris with his trousers pulled down.
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Morris, 24, of Bank Street, Lochgelly, appeared for sentencing at Dunfermline Sheriff Court.
He admitted that on August 29 on a bus journey between Lochgelly and Cowdenbeath he intentionally exposed his genitals to a woman, exposed his penis and masturbated.
The court heard that at 9.20am the 39-year-old woman got on the number 19 bus service, sitting at towards rear of the vehicle.
Morris got on the bus at a later stop and sat down behind her.
During the journey she saw a camera flash behind her and thought Morris had taken a photo of her.
She was concerned and looked behind to see what he was doing.
He had his trousers pulled down exposing his genitals and was masturbating.
She believed he was recording on his phone while masturbating and she jumped out of her seat.
He put his penis back in his trousers and sat up.
The woman moved to seat well away from him and contacted the police when she got off the bus.
Defence solicitor Aime Allan said: “He clearly has a problem with sexual behaviour, something akin to a sex addiction and it’s something he needs support with.”
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However, Morris could not be placed on the sex offenders register because of a legal loophole.
Sheriff Krista Johnston said it was “incongruous” that she could not put Morris on the register because of the way it had been prosecuted.
“If it had been brought to court as a breach of the peace I could have put him on the register for five years,” she pointed out.
The sheriff suggested that the Crown prosecute such cases under alternative legislation to avoid a repetition of her “sentencing powers being restricted”.
She imposed a a community payback order with three years of supervision and 100 hours of unpaid work.
The sheriff could not put Morris on the register because the Crown pursued the prosecution under the Sex Offences (Scotland) Act 2009.
Under this procedure, an offender can only be put on the register if he is given a jail sentence or the victim is a child.
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