EDWARD DORSEY ELLIS ROLLINS, III v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Berger, March 29, 2018,
Indecent Exposure – Indecent exposure does not require that anyone be “shocked or offended” by the act
“We take no position whatsoever on the persuasiveness of the State’s argument that the State was not required to prove that Rollins’s conduct occurred in a public place or conveyance.” Why not??? Easy to answer and, even if not raised below, is relevant as a defense to the defendant’s allegation. Instead, we affirmed a questionable statement of law: that every part of a hotel is “public” for purposes of every disorderly conduct offense.
Facts:
On June 21, 2016, while in Ocean City for the Maryland State’s Attorney’s Association Conference, Edward Rollins, the then State’s Attorney for Cecil County, stood naked on his hotel balcony “holding” and “stroking” his penis while making eye contact with a group of women who were out on the balcony of an adjoining building. The women estimated that this went on for approximately 15 minutes.
The next day, June 22, 2016, the same women were outside on their balcony when Rollins posed naked on his balcony while making eye contact with them, then “rubbed his butt” and “bent over.” He then sat down and started masturbating.
The women later testified that Rollins masturbated in front of the open sliding door to his hotel room on at least “three separate occasions” while looking at one or more of the women.
The women contacted hotel security. When a member of hotel security arrived to check on the complaint, she saw Rollins walk onto his balcony with a towel wrapped around his waist and then drop the towel, sit down on a piece of furniture, and start to masturbate.
Hotel security contacted the Ocean City Police Department. On arrival, an officer from the OCPD saw Rollins walk to the sliding door of his hotel room and expose his buttocks.
Rollins was eventually charged with disorderly conduct and indecent exposure and resigned as State’s Attorney for Cecil County
Following a jury trial, Rollins was found not guilty of conduct on June 21, 2016, but guilty of disorderly conduct and indecent exposure for his conduct on June 22, 2016.
Rollins appealed, arguing that the jury was improperly instructed about the elements of the crimes.
Held: The Court of Special Appeals affirmed Rollins’ convictions, holding that the jury was improperly instructed on indecent exposure and disorderly conduct.
Indecent Exposure – The crime of indecent exposure requires:
(1) a “public” exposure (either in public or in a private area exposed to the public or in private to people not expecting to see it)
(2) of a person’s intimate area
(3) made willfully and intentionally (as opposed to accidentally)
(4) which was observed, or was likely to have been observed, by at least one other person
Indecent Exposure – Indecent exposure does not have to occur in a public place. It can also involve someone in a private area exposing themselves to the public or someone in a private area exposing themselves inside of a private location to people not expecting to see it.
For example: A person commits the crime of indecent exposure when he suddenly exposes his penis to other people inside of a room in a private residence.
Disorderly Conduct (State Law) – Under the state disorderly conduct statute, there are 6 ways to commit the crime of “disorderly conduct”:
(1) Willfully and without lawful purpose obstruct or hinder the free passage of another in a public place or on a public conveyance.
(2) Willfully act in a disorderly manner that disturbs the public peace.
(3) Willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace.
(4) A person who enters the land or premises of another, whether an owner or lessee, or a beach adjacent to residential riparian property, may not willfully: (i) disturb the peace of persons on the land by making an unreasonably loud noise; or (ii) act in a disorderly manner.
(5) By making an unreasonably loud noise, willfully disturb the peace of another: (i) on the other’s land or premises; (ii) in a public place; or (iii) on a public conveyance.
(6) In Worcester County, by building a bonfire or allowing a bonfire to burn between 1 a.m. and 5 a.m.
Disorderly Conduct (State Law) – Under the state disorderly conduct statute, all portions of hotels and motels qualify as public places, not just common areas
From the Case: If the General Assembly had intended to limit the definition of “public place” to only the common areas of a hotel or motel, it could have included limiting language.
Note: Baltimore City’s similar local ordinances define public place differently and generally limit it to places “open to the public”