Section 3-901 - Visual surveillance. - Maryland Statutes

§ 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. 
 

[An. Code 1957, art. 27, § 579; 2002, ch. 26, § 2.]