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2017 Maryland Code
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 9 - Surveillance and Other Crimes Against Privacy
§ 3-902. Visual surveillance with prurient intent
Universal Citation:
MD Crim Law Code § 3-902 (2017)
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- (a) Definitions. --
- (1) In this section the following words have the meanings indicated.
- (2) "Camera" includes any electronic device that can be used surreptitiously to observe an individual.
- (3) "Female breast" means a portion of the female breast below the top of the areola.
- (4) "Private area of an individual" means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of an individual.
- (5) (i) "Private place" means a room in which a person can reasonably be expected to fully or partially disrobe and has a reasonable expectation of privacy, in:
- 1. an office, business, or store;
- 2. a recreational facility;
- 3. a restaurant or tavern;
- 4. a hotel, motel, or other lodging facility;
- 5. a theater or sports arena;
- 6. a school or other educational institution;
- 7. a bank or other financial institution;
- 8. any part of a family child care home used for the care and custody of a child; or
- 9. another place of public use or accommodation.
- (ii) "Private place" includes a tanning room, dressing room, bedroom, or restroom.
- (6)
- (i) "Visual surveillance" means the deliberate, surreptitious observation of an individual by any means.
- (ii) "Visual surveillance" includes surveillance by:
- 1. direct sight;
- 2. the use of mirrors; or
- 3. the use of cameras.
- (iii) "Visual surveillance" does not include a casual, momentary, or unintentional observation of an individual.
- (b) Scope of section. -- This section does not apply to a person who without prurient intent:
- (1) conducts filming by or for the print or broadcast media;
- (2) conducts or procures another to conduct visual surveillance of an individual to protect property or public safety or prevent crime; or
- (3) conducts visual surveillance and:
- (i) holds a license issued under Title 13 or Title 19 of the Business Occupations and Professions Article; and
- (ii) is acting within the scope of the person's occupation.
- (c) Prohibited. -- A person may not with prurient intent conduct or procure another to conduct visual surveillance of:
- (1) an individual in a private place without the consent of that individual; or
- (2) the private area of an individual by use of a camera without the consent of the individual under circumstances in which a reasonable person would believe that the private area of the individual would not be visible to the public, regardless of whether the individual is in a public or private place.
- (d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 2,500 or both.
- (e) 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 another to conduct the visual surveillance.
- (2) In an action under this subsection, the court may award actual damages and reasonable attorney's fees.
- (f) Other remedies. -- This section does not affect any legal or equitable right or remedy otherwise provided by law.
- (g) Effect of section. -- This section does not affect the application of ยง 3-901 of this subtitle.
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