Current with changes from the 2024 Legislative Session
Section 3-901 - Visual surveillance(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: (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.