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2017 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 9 - Surveillance and Other Crimes Against Privacy
§ 3-901. Visual surveillance
Universal Citation: MD Crim Law Code § 3-901 (2017)
- (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.
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