In this section the following words have the meanings indicated. “Private place” means a dressing room or rest room in a retail store. “Visual surveillance” means surveillance by: direct sight; the use of mirrors; the use of cameras; or the use of an electronic device that can be used surreptitiously to observe an individual. This section does not apply to any otherwise lawful surveillance conducted by a law enforcement officer while performing official duties. 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. 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. It is not a defense to a prosecution under this section that the defendant owns the premises where the private place is located. 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. In an action under this subsection, the court may award actual damages and reasonable attorney’s fees.