Frostburg, MD asked in Civil Rights and Criminal Law for Maryland

Q: Is accidental exposure through clothing changes considered indecent exposure in MD?

I am an adult in Maryland, and last week, I encountered an incident in a public college setting. During class, I realized my dress was ripped at the top and could potentially expose my bra. Because I had an emergency to attend immediately after class and couldn't change, I put on another top over my dress and removed the dress through the top's neck hole. I had leggings on, and I am uncertain whether my non-revealing bra became visible for a brief moment. No one in the room noticed or complained, and as far as I'm aware, no one expressed discomfort or reported the incident to the college authorities. I am concerned whether this situation, even if accidental, falls under indecent exposure according to Maryland law.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Maryland, indecent exposure laws generally apply when someone intentionally exposes their private parts in a public space. The law typically refers to exposing genitalia or other areas considered private in a way that would be offensive or alarming to others. If someone accidentally exposes themselves without intent, especially in a way that does not cause public distress, it usually does not qualify as indecent exposure.

In your situation, since the exposure was brief and unintentional, it’s unlikely to fall under indecent exposure laws. The fact that no one noticed or reported discomfort also suggests that there wasn’t any intent to offend or create a disturbance. The law tends to focus on deliberate actions rather than accidental occurrences like the one you described.

However, if you had exposed yourself more directly or intentionally, that might be viewed differently. From what you've described, it sounds like you took quick action to cover up, and no one reacted negatively. In such cases, it’s typically not considered a legal violation.

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