Bill Summary – FastDemocracy

SB 270
                       Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                           FISCAL AND POLICY NOTE
                                 Third Reader
Senate Bill 270                 (Senators Waldstreicher and Augustine)
Judicial Proceedings                                                               Judiciary
                        Crimes - Indecent Exposure - Definition
This bill establishes that the offense of indecent exposure includes engaging in an act of
masturbation in public, whether or not the person’s genitalia are exposed. Violators are
guilty of a misdemeanor and subject to the existing statutory penalty of imprisonment for
up to three years and/or a $1,000 maximum fine.
                                    Fiscal Summary
State Effect: The bill is not expected to materially affect State finances or operations.
Local Effect: The bill is not expected to materially affect local government finances or
operations.
Small Business Effect: None.
                                         Analysis
Current Law: Indecent exposure is a common law offense that is subject to a statutory
penalty. Under the English common law, indecent exposure is the willful and intentional
exposure of the private parts of one’s body in a public place in the presence of an assembly.
The main elements of the offense are the willful exposure, the public place in which it is
performed, and the presence of persons who saw it.
                               Additional Information
Prior Introductions: SB 515 of 2020, an identical bill as amended, passed the Senate and
was referred to the House Judiciary Committee, but no further action was taken.
Designated Cross File: None.
Information Source(s): Caroline, Montgomery, and Prince George’s counties; City of
Bowie; Maryland State Commission on Criminal Sentencing Policy; Judiciary
(Administrative Office of the Courts); Office of the Public Defender; Department of Public
Safety and Correctional Services; Department of Legislative Services
Fiscal Note History:     First Reader - January 14, 2021
rh/aad                   Third Reader - March 16, 2021
Analysis by: Donavan A. Ham                           Direct Inquiries to:
                                                      (410) 946-5510
                                                      (301) 970-5510
SB 270/ Page 2
Statutes affected: 
Text - First - Crimes - Indecent Exposure - Definition: 11-107 Criminal Law
Text - Third - Crimes - Indecent Exposure - Definition: 11-107 Criminal Law