You be the judge…from CBC:
The Supreme Court of Canada has reserved judgment in the case of a B.C. man caught masturbating in his own apartment living room. Canada’s top court has to decide whether Daryl Clark of Nanaimo should have been convicted of committing an indecent act in public. Clark was sentenced to four months in jail because he could be seen from the outside through his windows.
He was in his own house. He didn’t mean for anyone to see – when caught, “Clark then jumped back from the window.” He was doing something in what he thought was the privacy of his own home. Granted he could have closed the curtains, but still.
If anyone should be prosecuted it should be the woman that immediately called the police when she saw him. My first reaction would be to laugh. My second reaction would be to remember that porn sites make a lot of money. No where in my thought process would “call the cops” register.
Read: CBC News
MasterMaq's Blog 
i’d have knocked on his door and said "excuse me sir, your penis is hanging out. can you put it away please?"
Well, it could be argued that the woman thought he was exposing himself on purpose to her…
Or the man could have charged the woman with invasion of privacy.
ooooh that’s a good call Dickson, I guess there is a relative amount of privacy that should be observed even if the curtains aren’t drawn, why would you look in right?
Crap, I guess now I have to close MY curtains.
The articles i read said that the woman and her husband were watching this poor guy for 15 min with binoculars before they got around to calling the police.
Binoculars! And they still couldn’t decide if he had pants on or not. I would call that an invasion of privacy not a public display. Fine, you have nuts who peep into other peoples apartments and call the cops. Whats REALLY unbelievable is that he was actually sentenced. Can they do better than that in Texas?
So the court let this jerk … off.