Section 3-901 - Visual surveillance.
§ 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.]