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Mooning in Maryland

by TChris

Raymond McNealy mooned his neighbor during an argument. No, McNealy isn't 12; he's 44. He was charged with indecent exposure, a crime that, in Maryland, carries up to 3 years in prison. McNealy won't be going to prison for dropping trou, because a Montgomery County Circuit Court judge ruled that buttocks are not among the "private parts" that cannot be publicly exposed under state law.

"If exposure of half of the buttock constituted indecent exposure, any woman wearing a thong at the beach at Ocean City would be guilty," Judge John W. Debelius III said after the bench trial, reversing the ruling of a District Court judge.

The judge noted that McNealy would have been convicted if he'd been prosecuted for being a jerk. True, although there isn't enough jail space in the country to hold everyone who could be convicted of jerkiness.

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    Re: Mooning in Maryland (none / 0) (#1)
    by Talkleft Visitor on Thu Jan 05, 2006 at 09:18:42 AM EST
    Hahaha. The jerkstore called....

    Re: Mooning in Maryland (none / 0) (#2)
    by kdog on Thu Jan 05, 2006 at 09:42:47 AM EST
    Smart judge...bad law. 3 years for exposing our natural selves? Weird. It's just an arse.

    Re: Mooning in Maryland (none / 0) (#3)
    by roxtar on Thu Jan 05, 2006 at 10:23:40 AM EST
    You left out the punch line: "James Maxwell, one of McNealy's attorneys, said yesterday's ruling should "bring comfort to all beachgoers and plumbers" in the state."

    Re: Mooning in Maryland (none / 0) (#4)
    by Talkleft Visitor on Thu Jan 05, 2006 at 10:43:49 AM EST
    If convicted of the same charge in Colorado, one must resgister as a sex offender.

    Re: Mooning in Maryland (none / 0) (#5)
    by Patrick on Thu Jan 05, 2006 at 11:00:31 AM EST
    So how does he get off for threatening to blow up the building? Yep, he's a jerk and will get his someday.

    Re: Mooning in Maryland (none / 0) (#6)
    by Talkleft Visitor on Thu Jan 05, 2006 at 11:19:16 AM EST
    Patrick,
    Vonfeldt pressed charges against McNealy after he allegedly yelled and, according to Vonfeldt, threatened to "blow up my building"
    Maybe he said it... Maybe he didn't...

    Re: Mooning in Maryland (none / 0) (#7)
    by Edger on Thu Jan 05, 2006 at 11:30:33 AM EST
    McNealy ... threatened to "blow up my building"
    Maybe that's why he lowered his pants and bent over? What an ass... [I couldn't resist :)]

    Re: Mooning in Maryland (none / 0) (#8)
    by Jlvngstn on Thu Jan 05, 2006 at 12:30:04 PM EST
    Just curious, what does "he will get his someday" mean anyway? I cannot believe that a 44 year old rear end does not constitute "indecency" unless of course he is a gym rat.

    Re: Mooning in Maryland (none / 0) (#9)
    by TomStewart on Thu Jan 05, 2006 at 12:30:46 PM EST
    Gives a whole new meaning to the word 'dumbass'.

    Re: Mooning in Maryland (none / 0) (#10)
    by sarcastic unnamed one on Thu Jan 05, 2006 at 01:44:03 PM EST
    If convicted of the same charge in Colorado, one must resgister as a sex offender.
    Dan, there's a big hole in your argument. From the Colorado Convicted Sex Offender web site:
    This website does not list all convicted sex offenders in Colorado. Pursuant to C.R.S. 16-22-111, the following categories of high-risk registered sex offenders are required to be posted on this website. The CBI does not post information concerning, (1) sex offenders only convicted of misdeameanor sex offenses, or (2) juveniles adjudicated for sex crimes. Click on the category heading to access current lists of offenders.
    [my bold]

    Re: Mooning in Maryland (none / 0) (#11)
    by cpinva on Fri Jan 06, 2006 at 03:13:24 AM EST
    kdog's right, either the law, or its common interpretation by police, prosecutors and judges is. originally, the intent of public indecency statutes was to prevent lewd displays of a sexually graphic nature. mooning would clearly not fit that definition, regardless of the circumstances. neither, for that matter, would exposing the penis, to urinate in public. as well, exposing the female breasts, in sunbathing, would not be a lewd, sexually graphic display. yet, all three of these acts conceivably can get you arrested, and are routinely used by police, when they can't think of anything else, but feel the desperate need to charge you with something, anything, because someone else is offended. time to grow up boys and girls, we can't afford the jail space anymore. besides, who we would we call to repair the commode?

    Re: Mooning in Maryland (none / 0) (#12)
    by pigwiggle on Fri Jan 06, 2006 at 08:21:45 AM EST
    Ass baring should be protected as speech.

    Re: Mooning in Maryland (none / 0) (#13)
    by Lww on Fri Jan 06, 2006 at 10:49:13 AM EST
    As a past resident of MC I'm puzzled as to how the hell they got such a level-headed judge? Remember, this is the same place that wanted to ban smoking cigarettes in ones own home.