EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0126*
HOUSE BILL 126
E1 3lr0780
HB 185/22 – JUD
By: Delegate Pippy
Introduced and read first time: January 13, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Visual Surveillance With Prurient Intent – Private Place and 2
Minor Victim 3
FOR the purpose of prohibiting a person from conducting visual surveillance with prurient 4
intent of an individual located in a residence or place of private use or 5
accommodation without the consent of the individual; altering the penalties for the 6
crime of visual surveillance with prurient intent by use of a camera if the victim was 7
a minor at the time of the offense and the offender is at least a certain number of 8
years older than the victim; and generally relating to the crime of visual surveillance 9
with prurient intent. 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 3–902 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2022 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Law 18
3–902. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “Camera” includes any electronic device that can be used 21
surreptitiously to observe an individual. 22
(3) “Female breast” means a portion of the female breast below the top of 23
the areola. 24 2 HOUSE BILL 126
(4) “Private area of an individual” means the naked or undergarment–clad 1
genitals, pubic area, buttocks, or female breast of an individual. 2
(5) (i) “Private place” means a room in which a person can reasonably 3
be expected to fully or partially disrobe and has a reasonable expectation of privacy, in: 4
1. an office, business, or store; 5
2. a recreational facility; 6
3. a restaurant or tavern; 7
4. a hotel, motel, or other lodging facility; 8
5. a theater or sports arena; 9
6. a school or other educational institution; 10
7. a bank or other financial institution; 11
8. any part of a family child care home used for the care and 12
custody of a child; [or] 13
9. A RESIDENCE; OR 14
10. another place of PRIVATE OR public use or 15
accommodation. 16
(ii) “Private place” includes a tanning room, dressing room, bedroom, 17
or restroom. 18
(6) (i) “Visual surveillance” means the deliberate, surreptitious 19
observation of an individual by any means. 20
(ii) “Visual surveillance” includes surveillance by: 21
1. direct sight; 22
2. the use of mirrors; or 23
3. the use of cameras. 24
(iii) “Visual surveillance” does not include a casual, momentary, or 25
unintentional observation of an individual. 26
(b) This section does not apply to a person who without prurient intent: 27 HOUSE BILL 126 3
(1) conducts filming by or for the print or broadcast media; 1
(2) conducts or procures another to conduct visual surveillance of an 2
individual to protect property or public safety or prevent crime; or 3
(3) conducts visual surveillance and: 4
(i) holds a license issued under Title 13 or Title 19 of the Business 5
Occupations and Professions Article; and 6
(ii) is acting within the scope of the person’s occupation. 7
(c) A person may not with prurient intent conduct or procure another to conduct 8
visual surveillance of: 9
(1) an individual in a private place without the consent of that individual; 10
or 11
(2) the private area of an individual by use of a camera without the consent 12
of the individual under circumstances in which a reasonable person would believe that the 13
private area of the individual would not be visible to the public, regardless of whether the 14
individual is in a public or private place. 15
(d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 17
conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 18
or both. 19
(2) A PERSON WHO VIOLATES THIS SECTION BY USE OF A CAMERA IS 20
GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT 21
NOT EXCEEDING 5 YEARS OR A FINE OF $2,500 OR BOTH IF: 22
(I) THE VICTIM WAS A MIN OR AT THE TIME OF TH E OFFENSE; 23
AND 24
(II) THE PERSON CONDUCTIN G THE VISUAL SURVEIL LANCE IS 25
AT LEAST 4 YEARS OLDER THAN THE VICTIM. 26
(e) (1) An individual who was under visual surveillance in violation of this 27
section has a civil cause of action against any person who conducted or procured another to 28
conduct the visual surveillance. 29
(2) In an action under this subsection, the court may award actual damages 30
and reasonable attorney’s fees. 31
4 HOUSE BILL 126
(f) This section does not affect any legal or equitable right or remedy otherwise 1
provided by law. 2
(g) This section does not affect the application of § 3–901 of this subtitle. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2023. 5