GENIES v. State

In this case, we are asked to consider whether the common law offense of indecent exposure is preempted on the facts of this case by Section 8-803 of the Correctional Services Article, Maryland Code (1999, 2008 Repl.Vol.), which prohibits “[a]n inmate ... with intent to annoy, abuse, torment, harass, or embarrass a correctional officer or authorized personnel [from] lewdly, lasciviously, and indecently exposing] private parts of the inmate’s body in the presence of the correctional officer or authorized personnel.” 1

While incarcerated at the Montgomery County Correctional Facility in 2008,…