{"id":373852,"date":"2016-03-31T21:35:29","date_gmt":"2016-04-01T02:35:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-indecent-exposure-laws.html"},"modified":"2018-03-07T00:00:00","modified_gmt":"2018-03-07T05:00:00","slug":"maryland-indecent-exposure-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-indecent-exposure-laws.html","title":{"rendered":"Maryland Indecent Exposure Laws"},"content":{"rendered":"\n
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Maryland Indecent Exposure Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Generally, indecent exposure<\/a> is the intentional exposing of one\u2019s genitals in a public place to alarm others or for sexual gratification. In Maryland, indecent exposure is a common law<\/a> crime meaning it\u2019s defined in case law rather than in the statutes. However, the penalty for indecent exposure is now set by an indecent exposure statute.<\/p>\r\n

The Maryland indecent exposure common law crime elements and statutes are described in the table below.<\/p>\r\n\r\n
Code Section<\/b><\/td>\r\nMaryland Code, Criminal Law, Title 11, Subtitle 1, Section 11-107<\/a>; Correctional Services, Title 8, Subsection 8, Section 8-803<\/a><\/td>\r\n<\/tr>
What is Prohibited?<\/b><\/td>\r\n

Maryland cases describe the main elements of indecent exposure<\/a> as:
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  1. The willful and intentional exposure of one\u2019s private parts (genitals, buttocks, or female breasts)<\/li>\r\n
  2. In a public place and<\/li>\r\n
  3. In the presence of others.<\/li>\r\n<\/ol>\r\n

    In a 1957 case, Messina v. State<\/a><\/i>, indecent exposure is described as exposing oneself \u201cin a public place in such a manner that the act is seen or is likely to be seen by casual observers.\u201d
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    \r\nFor inmates, it\u2019s the same idea, but is written in the statute. Inmates are prohibited from indecently exposing their private parts in the presence of a correctional officer with the intent to annoy, abuse, harass, or embarrass the officer.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/td>\r\nIndecent exposure and inmate indecent exposure are misdemeanors in Maryland carrying a punishment of up to three year imprisonment and a fine up to $1,000.
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\r\nSome states require individuals convicted of indecent exposure to register as sex offenders, but not in Maryland. This Maryland Court of Appeals decided in 2009<\/a> that as this crime isn\u2019t listed in the sex offender registry statute and isn\u2019t by its nature a sexual offense so sex offender registry wasn\u2019t an appropriate punishment. However, registry can still be required for crimes that are by their nature sexual offenses against children under 18. Therefore, depending on the circumstances, you can still be placed on the sex offender registry<\/a>.<\/td>\r\n<\/tr>
Defenses<\/b><\/td>\r\nIn Maryland, moms have a right<\/a> to breastfeed their babies in public. This law would also be a defense to an indecent exposure charge. However, because of this law a police officer wouldn\u2019t ticket or arrest a breastfeeding mom nor would a prosecutor be likely to bring a charge against the mom.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i>
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