2446                                         LAWS OF MARYLAND                                     Ch. 417

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)(I) "PRIVATE PLACE" MEANS A PLACE WHERE A PERSON
MAY REASONABLY EXPECT TO BE SAFE FROM CASUAL OR HOSTILE INTRUSION
OR SURVEILLANCE.

(II) "PRIVATE PLACE" INCLUDES DRESSING ROOMS IN
RETAIL STORES AND RESTROOMS IN BUILDING GENERALLY OPEN TO THE
PUBLIC.

(3) "VISUAL SURVEILLANCE" MEANS DIRECT SIGHT

SURVEILLANCE, THE USE OF MIRRORS, OR THE USE OF CAMERAS OR OTHER
ELECTRONIC DEVICES.

(2) "PRIVATE PLACE" MEANS A DRESSING ROOM OR RESTROOM
IN A RETAIL STORE.

(3) "VISUAL SURVEILLANCE" MEANS:

(I) DIRECT SIGHT SURVEILLANCE;

(II) THE USE OF MIRRORS;

(III) THE USE OF CAMERAS; OR

(IV) THE USE OF OTHER ELECTRONIC DEVICES THAT
CAN BE UTILIZED TO SURREPTITIOUSLY OBSERVE A PERSON.

(B)  A PERSON MAY NOT CONDUCT OR PROCURE A PERSON TO CONDUCT
ANY VISUAL SURVEILLANCE OF ANOTHER PERSON WHO IS IN A PRIVATE
PLACE WITHOUT THE CONSENT OF THE PERSON IN THE PRIVATE PLACE.

(C)  IT IS NOT A DEFENSE TO A PROSECUTION UNDER THIS SECTION
THAT THE PERSON CHARGED IS THE OWNER OF THE PREMISES OF THE
PRIVATE PLACE. HOWEVER, OWNERSHIP MAY BE CONSIDERED TO DETERMINE
IF THE OCCUPANT OF THE PRIVATE PLACE HAD A REASONABLE EXPECTATION
OF SAFETY FROM CASUAL OR HOSTILE INTRUSION OR SURVEILLANCE AT THE
TIME OF THE ALLEGED VIOLATION.

(D)  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION
IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, IS SUBJECT TO A
FINE NOT TO EXCEED $5,000 $1,000 OR IMPRISONMENT NOT TO EXCEED 30
DAYS, OR BOTH.

(E)  ANY PERSON WHO WAS UNDER SURVEILLANCE IN VIOLATION OF
THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST ANY PERSON WHO
CONDUCTED OR PROCURED A PERSON TO CONDUCT THE SURVEILLANCE, AND
IS ENTITLED TO RECOVER FROM SUCH PERSON:

(1) ACTUAL DAMAGES NOT LESS THAN LIQUIDATED DAMAGES
OF $1,000 PER INCIDENT;

(2) PUNITIVE DAMAGES; AND