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Defining “underwear” probably would come into play too.
A dude in a pair of boxer briefs would probably be fine. A dude in a full on dental floss thin bathing suit like Borat might get into trouble.
Same with a woman. Wearing granny panties and a bra would probably be fine. Wearing exposing lingerie would probably get you arrested for indecency in most places.
Defining “underwear” probably would come into play too.
A dude in a pair of boxer briefs would probably be fine. A dude in a full on dental floss thin bathing suit like Borat might get into trouble.
Same with a woman. Wearing granny panties and a bra would probably be fine. Wearing exposing lingerie would probably get you arrested for indecency in most places.