MD
Maryland House Bill HB185

Maryland 2022 Regular Session

Maryland House Bill HB185 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0185*
96
107 HOUSE BILL 185
118 E1 2lr1086
12- (PRE–FILED) CF SB 326
9+ (PRE–FILED)
1310 By: Delegate Pippy
1411 Requested: October 29, 2021
1512 Introduced and read first time: January 12, 2022
1613 Assigned to: Judiciary
17-Committee Report: Favorable with amendments
18-House action: Adopted
19-Read second time: March 9, 2022
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
25-Criminal Law – Visual Surveillance With Prurient Intent – Private Place and 2
26-Minor Victim 3
19+Criminal Law – Visual Surveillance With Prurient Intent – Minor Victim 2
2720
28-FOR the purpose of prohibiting a person from conducting visual surveillance with prurient 4
29-intent of an individual located in a residence or place of private use or 5
30-accommodation without the consent of the individual; altering the penalties for the 6
31-crime of visual surveillance with prurient intent by use of a camera if the victim was 7
32-a minor at the time of the offense and the offender is at least a certain number of 8
33-years older than the victim; and generally relating to the crime of visual surveillance 9
34-with prurient intent. 10
21+FOR the purpose of altering the penalties for the crime of visual surveillance with prurient 3
22+intent if the victim was a minor at the time of the offense and the offender is at least 4
23+a certain number of years older than the victim; and generally relating to the crime 5
24+of visual surveillance with prurient intent. 6
3525
36-BY repealing and reenacting, with amendments, 11
37- Article – Criminal Law 12
38-Section 3–902 13
39- Annotated Code of Maryland 14
40- (2021 Replacement Volume and 2021 Supplement) 15
26+BY repealing and reenacting, with amendments, 7
27+ Article – Criminal Law 8
28+Section 3–902 9
29+ Annotated Code of Maryland 10
30+ (2021 Replacement Volume and 2021 Supplement) 11
4131
42- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
43-That the Laws of Maryland read as follows: 17
32+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
33+That the Laws of Maryland read as follows: 13
4434
45-Article – Criminal Law 18
35+Article – Criminal Law 14
4636
47-3–902. 19
48- 2 HOUSE BILL 185
37+3–902. 15
4938
39+ (a) (1) In this section the following words have the meanings indicated. 16
5040
51- (a) (1) In this section the following words have the meanings indicated. 1
41+ (2) “Camera” includes any electronic device that can be used 17
42+surreptitiously to observe an individual. 18
5243
53- (2) “Camera” includes any electronic device that can be used 2
54-surreptitiously to observe an individual. 3
44+ (3) “Female breast” means a portion of the female breast below the top of 19
45+the areola. 20
5546
56- (3) “Female breast” means a portion of the female breast below the top of 4
57-the areola. 5
58-
59- (4) “Private area of an individual” means the naked or undergarment–clad 6
60-genitals, pubic area, buttocks, or female breast of an individual. 7
61-
62- (5) (i) “Private place” means a room in which a person can reasonably 8
63-be expected to fully or partially disrobe and has a reasonable expectation of privacy, in: 9
64-
65- 1. an office, business, or store; 10
66-
67- 2. a recreational facility; 11
68-
69- 3. a restaurant or tavern; 12
70-
71- 4. a hotel, motel, or other lodging facility; 13
72-
73- 5. a theater or sports arena; 14
74-
75- 6. a school or other educational institution; 15
76-
77- 7. a bank or other financial institution; 16
78-
79- 8. any part of a family child care home used for the care and 17
80-custody of a child; or 18
81-
82- 9. A RESIDENCE; OR 19
83-
84- 10. another place of PRIVATE OR public use or 20
85-accommodation. 21
86-
87- (ii) “Private place” includes a tanning room, dressing room, bedroom, 22
88-or restroom. 23
89-
90- (6) (i) “Visual surveillance” means the deliberate, surreptitious 24
91-observation of an individual by any means. 25
92-
93- (ii) “Visual surveillance” includes surveillance by: 26
94-
95- 1. direct sight; 27
96-
97- 2. the use of mirrors; or 28 HOUSE BILL 185 3
47+ (4) “Private area of an individual” means the naked or undergarment–clad 21
48+genitals, pubic area, buttocks, or female breast of an individual. 22 2 HOUSE BILL 185
9849
9950
10051
101- 3. the use of cameras. 1
52+ (5) (i) “Private place” means a room in which a person can reasonably 1
53+be expected to fully or partially disrobe and has a reasonable expectation of privacy, in: 2
10254
103- (iii) “Visual surveillance” does not include a casual, momentary, or 2
104-unintentional observation of an individual. 3
55+ 1. an office, business, or store; 3
10556
106- (b) This section does not apply to a person who without prurient intent: 4
57+ 2. a recreational facility; 4
10758
108- (1) conducts filming by or for the print or broadcast media; 5
59+ 3. a restaurant or tavern; 5
10960
110- (2) conducts or procures another to conduct visual surveillance of an 6
111-individual to protect property or public safety or prevent crime; or 7
61+ 4. a hotel, motel, or other lodging facility; 6
11262
113- (3) conducts visual surveillance and: 8
63+ 5. a theater or sports arena; 7
11464
115- (i) holds a license issued under Title 13 or Title 19 of the Business 9
116-Occupations and Professions Article; and 10
65+ 6. a school or other educational institution; 8
11766
118- (ii) is acting within the scope of the person’s occupation. 11
67+ 7. a bank or other financial institution; 9
11968
120- (c) A person may not with prurient intent conduct or procure another to conduct 12
121-visual surveillance of: 13
69+ 8. any part of a family child care home used for the care and 10
70+custody of a child; or 11
12271
123- (1) an individual in a private place without the consent of that individual; 14
124-or 15
72+ 9. another place of public use or accommodation. 12
12573
126- (2) the private area of an individual by use of a camera without the consent 16
127-of the individual under circumstances in which a reasonable person would believe that the 17
128-private area of the individual would not be visible to the public, regardless of whether the 18
129-individual is in a public or private place. 19
74+ (ii) “Private place” includes a tanning room, dressing room, bedroom, 13
75+or restroom. 14
13076
131- (d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 20
132-SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 21
133-conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 22
134-or both. 23
77+ (6) (i) “Visual surveillance” means the deliberate, surreptitious 15
78+observation of an individual by any means. 16
13579
136- (2) A PERSON WHO VIOLATES THIS SECTION BY USE OF A CAMERA IS 24
137-GUILTY OF A FELONY MISDEMEANOR AND ON CONVICTION IS SUBJECT TO 25
138-IMPRISONMENT NOT EXC EEDING 10 5 YEARS OR A FINE OF $5,000 $2,500 OR BOTH 26
139-IF: 27
80+ (ii) “Visual surveillance” includes surveillance by: 17
14081
141- (I) THE VICTIM WAS A MIN OR AT THE TIME OF TH E OFFENSE; 28
142-AND 29
82+ 1. direct sight; 18
14383
144- (II) THE PERSON CONDUCTIN G THE VISUAL SURVEIL LANCE IS 30
145-AT LEAST 4 YEARS OLDER THAN THE VICTIM. 31 4 HOUSE BILL 185
84+ 2. the use of mirrors; or 19
85+
86+ 3. the use of cameras. 20
87+
88+ (iii) “Visual surveillance” does not include a casual, momentary, or 21
89+unintentional observation of an individual. 22
90+
91+ (b) This section does not apply to a person who without prurient intent: 23
92+
93+ (1) conducts filming by or for the print or broadcast media; 24
94+
95+ (2) conducts or procures another to conduct visual surveillance of an 25
96+individual to protect property or public safety or prevent crime; or 26
97+ HOUSE BILL 185 3
14698
14799
100+ (3) conducts visual surveillance and: 1
148101
149- (e) (1) An individual who was under visual surveillance in violation of this 1
150-section has a civil cause of action against any person who conducted or procured another to 2
151-conduct the visual surveillance. 3
102+ (i) holds a license issued under Title 13 or Title 19 of the Business 2
103+Occupations and Professions Article; and 3
152104
153- (2) In an action under this subsection, the court may award actual damages 4
154-and reasonable attorney’s fees. 5
105+ (ii) is acting within the scope of the person’s occupation. 4
155106
156- (f) This section does not affect any legal or equitable right or remedy otherwise 6
157-provided by law. 7
107+ (c) A person may not with prurient intent conduct or procure another to conduct 5
108+visual surveillance of: 6
158109
159- (g) This section does not affect the application of § 3–901 of this subtitle. 8
110+ (1) an individual in a private place without the consent of that individual; 7
111+or 8
160112
161- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
162-October 1, 2022. 10
113+ (2) the private area of an individual by use of a camera without the consent 9
114+of the individual under circumstances in which a reasonable person would believe that the 10
115+private area of the individual would not be visible to the public, regardless of whether the 11
116+individual is in a public or private place. 12
117+
118+ (d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13
119+SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 14
120+conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 15
121+or both. 16
122+
123+ (2) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY 17
124+AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 10 YEARS OR 18
125+A FINE OF $5,000 OR BOTH IF: 19
126+
127+ (I) THE VICTIM WAS A MIN OR AT THE TIME OF TH E OFFENSE; 20
128+AND 21
129+
130+ (II) THE PERSON CONDUCTIN G THE VISUAL SURVEIL LANCE IS 22
131+AT LEAST 4 YEARS OLDER THAN THE VICTIM. 23
132+
133+ (e) (1) An individual who was under visual surveillance in violation of this 24
134+section has a civil cause of action against any person who conducted or procured another to 25
135+conduct the visual surveillance. 26
136+
137+ (2) In an action under this subsection, the court may award actual damages 27
138+and reasonable attorney’s fees. 28
139+
140+ (f) This section does not affect any legal or equitable right or remedy otherwise 29
141+provided by law. 30
142+
143+ (g) This section does not affect the application of § 3–901 of this subtitle. 31
144+
145+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 4 HOUSE BILL 185
163146
164147
165-
166-
167-Approved:
168-________________________________________________________________________________
169- Governor.
170-________________________________________________________________________________
171- Speaker of the House of Delegates.
172-________________________________________________________________________________
173- President of the Senate.
148+October 1, 2022. 1