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ROBERT L. EHRLICH, JR., Governor Ch. 292
(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.
[(3)] (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 day care home used for the care and custody
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of a child; or
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another place of public use or accommodation.
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(ii) "Private place" includes a tanning room, dressing room,
bedroom, or restroom.
[(4)] (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) 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
- 1653 -
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