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I was babysitting some kids yesterday and my niece had on panties but not underwear, with a shirt on that was long enough that it covered up her panties well enough I almost forgot she wasn't wearing pants. When we went outside to play I told her she would need to put pants on first or people would get upset and she spit back at me rule I've tried to teach these kids for year, namely me "As long as they aren't hurting others* a person should be allowed to do whatever makes them happy, even if you think it's strange or don't understand it."

I ended up resorting to point out it was illegal due to indecent exposure laws, but I'm wondering if I accidentally lied to her about that. Would it have been illegal if I had allowed her to go outside without pants like she wanted? Not that I would have let her even if it was legal, but I'm still curious rather I accidentally misrepresented the law.

I tried to looking up MD laws but all I could find is something saying it's indecent exposure to masturbate in public, I assume there is more to the law then that one subsection but if so I'm too incompetent to find it.

As stated we were in Maryland.

* My real policy would add something about it being okay to stop someone from doing extreme harm to themselves, like suicide, but she's young enough to get the simplified version of the rule for now

dsollen
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1 Answers1

16

Yes

In Maryland, there are three elements to indecent exposure:

  1. It must occur in a public place. If “outside” was on private property, there’s no indecent exposure.
  2. Other people must be present. You would count, I suppose.
  3. The accused must have intentionally removed or opened their clothing to expose their genitals, female breasts or buttocks. Assuming the underwear doesn’t do that, there is no indecent exposure.

Perhaps an explanation that “hurting others” can mean hurting their feelings or making them feel uncomfortable is in order? Not all social transgressions are illegal.

That said, she’s 8. No one will care.

Dale M
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