State Beats Off Challenge To Common Law Indecent Exposure Conviction

The Maryland Court of Appeals sustained convictions against a defendant for both common law indecent exposure as well as a statutory offense contained in the Corrections Services Article.

The defendant was incarcerated at the Montgomery County Correctional Facility. He "masturbated in sight of a female corrections officer, while smiling and making eye contact with her, in spite of her orders to stop."

The court majority found that the statute did not preempt the common law offense. Two judges dissented. (Mike Frisch)