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GENIES v. STATE

No. 11, September Term, 2011.

43 A.3d 1007 (2012)

426 Md. 148

Daniel GENIES v. STATE of Maryland.

Court of Appeals of Maryland.

May 1, 2012.

Attorney(s) appearing for the Case

Bradford C. Peabody, Asst. Public Defender (Paul B. DeWolfe, Public Defender, Baltimore, MD), on brief, for petitioner.

Brian S. Kleinbord, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, and Jeremy M. McCoy, Asst. Atty. Gen., Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and JOSEPH F. MURPHY, JR. (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

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 expos[ing] private parts of the inmate's body...

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