<?xml version='1.0' encoding='utf-8'?>
<section article="gcr" article_name="Criminal Law" number="3-903" title_number="3" title_name="Other Crimes Against the Person" subtitle_number="9" subtitle_name="Surveillance and Other Crimes Against Privacy">
  <level label="a">
    <text>In this section, “camera” includes any electronic device that can be used surreptitiously to observe an individual.</text>
  </level>
  <level label="b">
    <text>This section does not apply to:</text>
    <level label="1">
      <text>an adult resident of the private residence where a camera is placed;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>any otherwise lawful observation with a camera conducted by a law enforcement officer while performing official duties;</text>
    </level>
    <level label="5">
      <text>filming conducted by a person by or for the print or broadcast media through use of a camera that is not secreted from view;</text>
    </level>
    <level label="6">
      <text>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;</text>
    </level>
    <level label="7">
      <text>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</text>
    </level>
    <level label="8">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
  <level label="f">
    <text>A good faith reliance on a court order is a complete defense to a civil or criminal action brought under this section.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>In an action under this subsection, the court may award damages and reasonable attorney’s fees.</text>
    </level>
  </level>
  <level label="h">
    <text>This section does not affect any legal or equitable right or remedy otherwise provided by law.</text>
  </level>
</section>
