ROBERT L. EHRLICH, JR., Governor                             Ch. 361

(2) In an action under this subsection, the court may award actual
damages and reasonable attorney's fees.

(f)      This section does not affect any legal or equitable right or remedy
otherwise provided by law.

(g)     This section does not affect the application of § 3-901 of this subtitle.
3-903.

(a)     In this section, "camera" includes any electronic device that can be used
surreptitiously to observe an individual.

(b)     This section does not apply to:

(1)     an adult resident of the private residence where a camera is placed;

(2)     a person who places or procures another to place a camera on real
property without the intent to conduct deliberate surreptitious observation of an
individual inside the private residence;

(3)     a person who has obtained the consent of an adult resident, or the
adult resident's legal guardian, to place a camera on real property to conduct
deliberate surreptitious observation of an individual inside the private residence;

(4)     any otherwise lawful observation with a camera conducted by a law
enforcement officer while performing official duties;

(5)     filming conducted by a person by or for the print or broadcast media
through use of a camera that is not secreted from view;

(6)     any part of a private residence used for business purposes, including
any part of a private residence used as a day care home for the care and custody of a
child; or

(7)     filming of a private residence by a person through use of a camera
that is not located on the real property where the private residence is located; OR

(8)     ANY OTHERWISE LAWFUL OBSERVATION WITH A CAMERA OF THE
COMMON AREA OF MULTIUNIT FAMILY DWELLINGS BY A PERSON THAT HOLDS A
LICENSE UNDER TITLE 13 OR TITLE 19 OF THE BUSINESS OCCUPATIONS AND
PROFESSIONS ARTICLE, ACTING WITHIN THE SCOPE OF THE PERSON'S OCCUPATION.

(c)     A person may not place or procure another to place a camera on real
property where a private residence is located to conduct deliberate surreptitious
observation of an individual inside the private residence.

(d)     A person who violates this section is guilty of a [misdemeanor] FELONY
and on conviction is subject to imprisonment not exceeding [6 months] 5 3 YEARS 1
YEAR or a fine not exceeding [$1,000] $10,000 $2,500 or both.

(e)     Subject to subsection (b)(1) of this section, it is not a defense to a
prosecution under this section that the defendant owns the private residence.

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