§ 3-901
216 words·~1 min read·
/md/criminal-law/3-901A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–901.
(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)This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties.
(c)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)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)It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located.
(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.