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PARRIS N. GLENDENING, Governor
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Ch. 26
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(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.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 579.
In subsections (a)(3)(iv), (c), and (f)(1) of this section, the references to an
"individual" are substituted for the former references to a "person" because
only an individual may be observed by visual surveillance.
In subsection (b) of this section, the former reference to a law enforcement
officer performing "his" official duties is deleted as implicit.
In subsection (e) of this section, the reference to the "defendant" is
substituted for the former reference to the "person charged" for accuracy.
Also in subsection (e) of this section, the reference to the premises "where"
the private place "is located" is substituted for the former reference to the
premises "of" the private place for clarity and accuracy.
In subsection (f)(1) of this section, the defined term "visual surveillance" is
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- 305 -
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