# Criminal Law (GCR)

## Title 3. Other Crimes Against the Person

### Subtitle 9. Surveillance and Other Crimes Against Privacy

#### Section 3-901

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Private place" means a dressing room or rest room in a retail store.

  (3) "Visual surveillance" means surveillance by:

    (i) direct sight;

    (ii) the use of mirrors;

    (iii) the use of cameras; or

    (iv) the use of an electronic device that can be used surreptitiously to observe an individual.

(b) This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties.

(c) 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) 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) It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located.

(f)

  (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.

#### Section 3-902

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Camera" includes any electronic device that can be used surreptitiously to observe an individual.

  (3) "Female breast" means a portion of the female breast below the top of the areola.

  (4) "Private area of an individual" means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of an individual.

  (5)

    (i) "Private place" means a room in which a person can reasonably be expected to fully or partially disrobe and has a reasonable expectation of privacy, in:

      (1) an office, business, or store;

      (2) a recreational facility;

      (3) a restaurant or tavern;

      (4) a hotel, motel, or other lodging facility;

      (5) a theater or sports arena;

      (6) a school or other educational institution;

      (7) a bank or other financial institution;

      (8) any part of a family child care home used for the care and custody of a child;

      (9) a residence; or

      (10) another place of private or public use or accommodation.

    (ii) "Private place" includes a tanning room, dressing room, bedroom, or restroom.

  (6)

    (i) "Visual surveillance" means the deliberate, surreptitious observation of an individual by any means.

    (ii) "Visual surveillance" includes surveillance by:

      (1) direct sight;

      (2) the use of mirrors; or

      (3) the use of cameras.

    (iii) "Visual surveillance" does not include a casual, momentary, or unintentional observation of an individual.

(b) This section does not apply to a person who without prurient intent:

  (1) conducts filming by or for the print or broadcast media;

  (2) conducts or procures another to conduct visual surveillance of an individual to protect property or public safety or prevent crime; or

  (3) conducts visual surveillance and:

    (i) holds a license issued under Title 13 or Title 19 of the Business Occupations and Professions Article; and

    (ii) is acting within the scope of the person's occupation.

(c) A person may not with prurient intent conduct or procure another to conduct visual surveillance of:

  (1) an individual in a private place without the consent of that individual; or

  (2) the private area of an individual by use of a camera without the consent of the individual under circumstances in which a reasonable person would believe that the private area of the individual would not be visible to the public, regardless of the location of the individual.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

(e)

  (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 another to conduct the visual surveillance.

  (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 Sec. 3-901 of this subtitle.

#### Section 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 family child care home for the care and custody of a child;

  (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 and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $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.

(f) A good faith reliance on a court order is a complete defense to a civil or criminal action brought under this section.

(g)

  (1) An individual who was observed through the use of a camera in violation of this section has a civil cause of action against any person who placed or procured another to place the camera on the real property.

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

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

#### Section 3-904

(a) The General Assembly declares that:

  (1) the protection and preservation of the home is the keystone of democratic government;

  (2) the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy and, when absent from their homes, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes;

  (3) the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants;

  (4) the purpose of this practice is to harass the occupants of the residences and dwelling places;

  (5) without resort to this practice, full opportunity exists, and under the provisions of this article will continue to exist, for the exercise of freedom of speech and other constitutional rights; and

  (6) the provisions of this section are necessary in the public interest to avoid the detrimental results described in this subsection.

(b) This section does not prohibit:

  (1) picketing or assembly in connection with a labor dispute, as defined in Sec. 4-301 of the Labor and Employment Article;

  (2) picketing in a lawful manner of a person's home when it is also the person's sole place of business; or

  (3) holding a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.

(c) A person may not intentionally assemble with another in a manner that disrupts a person's right to tranquility in the person's home.

(d)

  (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both.

  (2) Each day on which a violation of this section occurs is a separate violation.

(e) In addition to the penalty provided in subsection (d) of this section, a circuit court:

  (1) may enjoin conduct proscribed by this section; and

  (2) in the proceeding for injunctive relief, may award damages, including punitive damages, against any person found guilty of violating this section.

#### Section 3-905

(a) A person may not take and break open a letter that is not addressed to the person without permission from the person to whom the letter is addressed or the personal representative of the addressee's estate.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for 6 days and a fine of $15.

#### Section 3-906

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Telegraph company" has the meaning stated in Sec. 1-101 of the Public Utilities Article.

  (3) "Telegraph lines" has the meaning stated in Sec. 1-101 of the Public Utilities Article.

  (4) "Telephone company" has the meaning stated in Sec. 1-101 of the Public Utilities Article.

  (5) "Telephone lines" has the meaning stated in Sec. 1-101 of the Public Utilities Article.

(b) An employee or agent of a telegraph company or telephone company, or of a person operating telegraph lines or telephone lines for profit in the State, may not:

  (1) willfully divulge the contents or nature of the contents of a private communication that is entrusted to the person for transmission or delivery; or

  (2) willfully refuse or neglect to transmit or deliver a private communication.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 months or a fine not exceeding $500 or both.

#### Section 3-907

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Protected individual" means an individual who buys, rents, or borrows a videotape, video disk, or film from a videotape distributor.

  (3) "Publish" means to distribute to a person other than the protected individual or an agent of the protected individual.

  (4) "Videotape distributor" means a retail establishment operating for profit that sells, rents, or loans videotapes, video disks, or films.

(b) Except as provided in subsection (d) of this section, a videotape distributor, or an agent or employee of a videotape distributor, may not publish the following information relating to sales, rentals, or loans of videotapes, video disks, or films to a protected individual:

  (1) any numerical designation used by the videotape distributor to identify the protected individual; or

  (2) any listing of videotapes, video disks, or films bought, rented, or borrowed by the protected individual from the videotape distributor.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months for all violations or a fine not exceeding $500 for each violation or both.

(d) This section does not prohibit the distribution of information protected under subsection (b) of this section to:

  (1) a person designated by the videotape distributor and authorized by the protected individual before distribution to receive the information;

  (2) any appropriately authorized law enforcement personnel; or

  (3) a collection agency used or person designated by the videotape distributor to collect unreturned rental videotapes, video disks, or films, or an amount equal to their value.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)