2014 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 9 - Surveillance and Other Crimes Against Privacy
§ 3-901. Visual surveillance

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Private place" means a dressing room or rest room in a retail store.

(3) "Visual surveillance" means surveillance by:

(i) direct sight;

(ii) the use of mirrors;

(iii) the use of cameras; or

(iv) the use of an electronic device that can be used surreptitiously to observe an individual.

(b) Scope of section. -- This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties.

(c) Prohibited. -- A person may not conduct or procure another to conduct visual surveillance of an individual in a private place without the consent of that individual.

(d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $ 1,000 or both.

(e) Prohibited defense. -- It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located.

(f) Civil action. --

(1) An individual who was under visual surveillance in violation of this section has a civil cause of action against any person who conducted or procured a person to conduct the visual surveillance.

(2) In an action under this subsection, the court may award actual damages and reasonable attorney's fees.