MD
Maryland House Bill HB126

Maryland 2023 Regular Session

Maryland House Bill HB126 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 *hb0126*
96
107 HOUSE BILL 126
118 E1 3lr0780
129 HB 185/22 – JUD
1310 By: Delegate Pippy
1411 Introduced and read first time: January 13, 2023
1512 Assigned to: Judiciary
16-Committee Report: Favorable
17-House action: Adopted
18-Read second time: February 22, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Criminal Law – Visual Surveillance With Prurient Intent – Private Place and 2
2519 Minor Victim 3
2620
2721 FOR the purpose of prohibiting a person from conducting visual surveillance with prurient 4
2822 intent of an individual located in a residence or place of private use or 5
2923 accommodation without the consent of the individual; altering the penalties for the 6
3024 crime of visual surveillance with prurient intent by use of a camera if the victim was 7
3125 a minor at the time of the offense and the offender is at least a certain number of 8
3226 years older than the victim; and generally relating to the crime of visual surveillance 9
3327 with prurient intent. 10
3428
3529 BY repealing and reenacting, with amendments, 11
3630 Article – Criminal Law 12
3731 Section 3–902 13
3832 Annotated Code of Maryland 14
3933 (2021 Replacement Volume and 2022 Supplement) 15
4034
4135 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
4236 That the Laws of Maryland read as follows: 17
4337
4438 Article – Criminal Law 18
4539
4640 3–902. 19
4741
48- (a) (1) In this section the following words have the meanings indicated. 20 2 HOUSE BILL 126
42+ (a) (1) In this section the following words have the meanings indicated. 20
43+
44+ (2) “Camera” includes any electronic device that can be used 21
45+surreptitiously to observe an individual. 22
46+
47+ (3) “Female breast” means a portion of the female breast below the top of 23
48+the areola. 24 2 HOUSE BILL 126
4949
5050
5151
52- (2) “Camera” includes any electronic device that can be used 1
53-surreptitiously to observe an individual. 2
52+ (4) “Private area of an individual” means the naked or undergarment–clad 1
53+genitals, pubic area, buttocks, or female breast of an individual. 2
5454
55- (3) “Female breast” means a portion of the female breast below the top of 3
56-the areola. 4
55+ (5) (i) “Private place” means a room in which a person can reasonably 3
56+be expected to fully or partially disrobe and has a reasonable expectation of privacy, in: 4
5757
58- (4) “Private area of an individual” means the naked or undergarment–clad 5
59-genitals, pubic area, buttocks, or female breast of an individual. 6
58+ 1. an office, business, or store; 5
6059
61- (5) (i) “Private place” means a room in which a person can reasonably 7
62-be expected to fully or partially disrobe and has a reasonable expectation of privacy, in: 8
60+ 2. a recreational facility; 6
6361
64- 1. an office, business, or store; 9
62+ 3. a restaurant or tavern; 7
6563
66- 2. a recreational facility; 10
64+ 4. a hotel, motel, or other lodging facility; 8
6765
68- 3. a restaurant or tavern; 11
66+ 5. a theater or sports arena; 9
6967
70- 4. a hotel, motel, or other lodging facility; 12
68+ 6. a school or other educational institution; 10
7169
72- 5. a theater or sports arena; 13
70+ 7. a bank or other financial institution; 11
7371
74- 6. a school or other educational institution; 14
72+ 8. any part of a family child care home used for the care and 12
73+custody of a child; [or] 13
7574
76- 7. a bank or other financial institution; 15
75+ 9. A RESIDENCE; OR 14
7776
78- 8. any part of a family child care home used for the care and 16
79-custody of a child; [or] 17
77+ 10. another place of PRIVATE OR public use or 15
78+accommodation. 16
8079
81- 9. A RESIDENCE; OR 18
80+ (ii) “Private place” includes a tanning room, dressing room, bedroom, 17
81+or restroom. 18
8282
83- 10. another place of PRIVATE OR public use or 19
84-accommodation. 20
83+ (6) (i) “Visual surveillance” means the deliberate, surreptitious 19
84+observation of an individual by any means. 20
8585
86- (ii) “Private place” includes a tanning room, dressing room, bedroom, 21
87-or restroom. 22
86+ (ii) “Visual surveillance” includes surveillance by: 21
8887
89- (6) (i) “Visual surveillance” means the deliberate, surreptitious 23
90-observation of an individual by any means. 24
88+ 1. direct sight; 22
9189
92- (ii) “Visual surveillance” includes surveillance by: 25
90+ 2. the use of mirrors; or 23
9391
94- 1. direct sight; 26
92+ 3. the use of cameras. 24
9593
96- 2. the use of mirrors; or 27
97- HOUSE BILL 126 3
94+ (iii) “Visual surveillance” does not include a casual, momentary, or 25
95+unintentional observation of an individual. 26
96+
97+ (b) This section does not apply to a person who without prurient intent: 27 HOUSE BILL 126 3
9898
9999
100- 3. the use of cameras. 1
101100
102- (iii) “Visual surveillance” does not include a casual, momentary, or 2
103-unintentional observation of an individual. 3
101+ (1) conducts filming by or for the print or broadcast media; 1
104102
105- (b) This section does not apply to a person who without prurient intent: 4
103+ (2) conducts or procures another to conduct visual surveillance of an 2
104+individual to protect property or public safety or prevent crime; or 3
106105
107- (1) conducts filming by or for the print or broadcast media; 5
106+ (3) conducts visual surveillance and: 4
108107
109- (2) conducts or procures another to conduct visual surveillance of an 6
110-individual to protect property or public safety or prevent crime; or 7
108+ (i) holds a license issued under Title 13 or Title 19 of the Business 5
109+Occupations and Professions Article; and 6
111110
112- (3) conducts visual surveillance and: 8
111+ (ii) is acting within the scope of the person’s occupation. 7
113112
114- (i) holds a license issued under Title 13 or Title 19 of the Business 9
115-Occupations and Professions Article; and 10
113+ (c) A person may not with prurient intent conduct or procure another to conduct 8
114+visual surveillance of: 9
116115
117- (ii) is acting within the scope of the person’s occupation. 11
116+ (1) an individual in a private place without the consent of that individual; 10
117+or 11
118118
119- (c) A person may not with prurient intent conduct or procure another to conduct 12
120-visual surveillance of: 13
119+ (2) the private area of an individual by use of a camera without the consent 12
120+of the individual under circumstances in which a reasonable person would believe that the 13
121+private area of the individual would not be visible to the public, regardless of whether the 14
122+individual is in a public or private place. 15
121123
122- (1) an individual in a private place without the consent of that individual; 14
123-or 15
124+ (d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
125+SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 17
126+conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 18
127+or both. 19
124128
125- (2) the private area of an individual by use of a camera without the consent 16
126-of the individual under circumstances in which a reasonable person would believe that the 17
127-private area of the individual would not be visible to the public, regardless of whether the 18
128-individual is in a public or private place. 19
129+ (2) A PERSON WHO VIOLATES THIS SECTION BY USE OF A CAMERA IS 20
130+GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT 21
131+NOT EXCEEDING 5 YEARS OR A FINE OF $2,500 OR BOTH IF: 22
129132
130- (d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS 20
131-SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 21
132-conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 22
133-or both. 23
133+ (I) THE VICTIM WAS A MIN OR AT THE TIME OF TH E OFFENSE; 23
134+AND 24
134135
135- (2) A PERSON WHO VIOLATES THIS SECTION BY USE OF A CAMERA IS 24
136-GUILTY OF A MISDEMEA NOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT 25
137-NOT EXCEEDING 5 YEARS OR A FINE OF $2,500 OR BOTH IF: 26
136+ (II) THE PERSON CONDUCTIN G THE VISUAL SURVEIL LANCE IS 25
137+AT LEAST 4 YEARS OLDER THAN THE VICTIM. 26
138138
139- (I) THE VICTIM WAS A MIN OR AT THE TIME OF TH E OFFENSE; 27
140-AND 28
139+ (e) (1) An individual who was under visual surveillance in violation of this 27
140+section has a civil cause of action against any person who conducted or procured another to 28
141+conduct the visual surveillance. 29
141142
142- (II) THE PERSON CONDUCTIN G THE VISUAL SURVEIL LANCE IS 29
143-AT LEAST 4 YEARS OLDER THAN THE VICTIM. 30
143+ (2) In an action under this subsection, the court may award actual damages 30
144+and reasonable attorney’s fees. 31
144145 4 HOUSE BILL 126
145146
146147
147- (e) (1) An individual who was under visual surveillance in violation of this 1
148-section has a civil cause of action against any person who conducted or procured another to 2
149-conduct the visual surveillance. 3
148+ (f) This section does not affect any legal or equitable right or remedy otherwise 1
149+provided by law. 2
150150
151- (2) In an action under this subsection, the court may award actual damages 4
152-and reasonable attorney’s fees. 5
151+ (g) This section does not affect the application of § 3–901 of this subtitle. 3
153152
154- (f) This section does not affect any legal or equitable right or remedy otherwise 6
155-provided by law. 7
153+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
154+October 1, 2023. 5
156155
157- (g) This section does not affect the application of § 3–901 of this subtitle. 8
158-
159- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
160-October 1, 2023. 10
161-
162-
163-
164-
165-Approved:
166-________________________________________________________________________________
167- Governor.
168-________________________________________________________________________________
169- Speaker of the House of Delegates.
170-________________________________________________________________________________
171- President of the Senate.