Maryland Voyeurism and Hidden Camera Laws: Penalties and Protections (2026)

Maryland prohibits voyeurism and hidden camera surveillance under Md. Code Crim. Law 3-902 and 3-903. Section 3-902 bans visual surveillance of a person in a private place, such as a restroom or changing room, with prurient intent, while 3-903 bars placing a camera to secretly observe someone inside a private residence, regardless of sexual intent, though it exempts an adult resident of that residence and anyone acting with an adult resident's consent. Both offenses are misdemeanors under state law. A third statute, 3-901, makes any visual surveillance of a person in a retail store's dressing room or restroom without consent a misdemeanor, with no intent requirement.

Maryland takes voyeurism and hidden camera offenses seriously. Multiple statutes work together to protect people from unauthorized visual surveillance in private settings. These laws address everything from peeping and hidden cameras to the nonconsensual sharing of intimate images online.

The primary statutes are found in Maryland Criminal Law Title 3, Subtitle 9, which covers visual surveillance crimes. When hidden cameras also capture audio of private conversations, the state's wiretapping statute under Md. Code, Cts. & Jud. Proc. ss 10-402 adds additional felony liability.

Maryland's Core Voyeurism Statutes

Criminal Law ss 3-902: Visual Surveillance

Maryland Criminal Law ss 3-902 targets the act of conducting visual surveillance of another person without their knowledge or consent. The statute applies when:

• The person being observed is in a private place
• The surveillance is conducted with prurient intent (for purposes of sexual arousal or gratification)
• The person observed has a reasonable expectation of privacy

This law covers both direct observation (peeping through windows, looking over bathroom stalls) and technology-assisted surveillance (using cameras, binoculars, or other devices to observe someone). The statute does not require that a recording be made. Simply viewing another person in a private place with prurient intent is sufficient to violate the law. The statute's list of private places expressly includes a residence, so ss 3-902 can apply inside a home as well as in a business, hotel, or other facility.

Penalties: Violations of ss 3-902 are classified as misdemeanors, punishable by up to 1 year in prison and/or a $2,500 fine. The statute does not set a separate, enhanced tier for repeat offenses.

Criminal Law ss 3-903: Camera Surveillance Inside a Private Residence

Maryland Criminal Law ss 3-903 is narrower than ss 3-902 in one important way and broader in another. It applies only to a camera placed on real property where a private residence is located, to conduct deliberate surreptitious observation of an individual inside that residence -- it does not reach restrooms, offices, hospitals, or other non-residential spaces.

Unlike ss 3-902, this statute does not require prurient intent. A camera placed to secretly observe someone inside a private residence can violate ss 3-903 regardless of any sexual purpose, so a landlord or other non-resident who hides a camera to secretly watch a tenant or guest inside the home can be charged under ss 3-903 even absent any sexual motive. The statute does not apply, however, to an adult resident of the residence where the camera is placed, or to a person who has the consent of an adult resident (or that resident's legal guardian) to place the camera; ss 3-903(b) lists these and other exemptions, including any part of a residence used for business purposes. An adult resident who hides a camera in their own home is instead judged under ss 3-902, which requires prurient intent, and other laws. Because the statute is residence-specific, secretly monitoring an employee in a workplace office is not covered by ss 3-903; it would instead need to satisfy ss 3-902's prurient-intent element, or fall under a different law entirely.

Criminal Law ss 3-901: Retail Store Dressing Rooms and Restrooms

Maryland Criminal Law ss 3-901 makes it a misdemeanor to conduct visual surveillance, including by camera, of a person in a dressing room or restroom in a retail store without that person's consent. It has no prurient-intent element, so a store's loss-prevention camera in a fitting room is covered, and it is not a defense that the defendant owns the premises. The penalty is up to 30 days in jail and a $1,000 fine, and the person watched can sue for actual damages and attorney's fees.

What Qualifies as a "Private Place"?

For purposes of ss 3-902, Maryland law defines "private place" broadly as a room where a person can reasonably be expected to disrobe and has a reasonable expectation of privacy. Locations covered include:

• Bathrooms and restrooms (both residential and commercial)
• Changing rooms and fitting rooms (retail stores, gyms, pools)
• Bedrooms (including hotel and motel rooms)
• Shower areas and locker rooms
• Medical examination rooms
• Tanning booths and similar enclosed spaces
• Any other room where a person can reasonably be expected to undress and has a reasonable expectation of privacy

The key test is whether a reasonable person in the observed person's position would expect to be free from visual surveillance. Courts look at the totality of the circumstances, including the nature of the space, whether it is enclosed, and whether the person took steps to ensure privacy.

Revenge Porn: Nonconsensual Distribution of Intimate Images

Criminal Law ss 3-809

Maryland Criminal Law ss 3-809 criminalizes the nonconsensual distribution of private intimate images. This statute addresses what is commonly called "revenge porn" but covers a broader range of conduct than the term suggests.

Under ss 3-809, it is illegal to intentionally distribute, publish, or transmit an image depicting another person in an intimate state when:

1. The depicted person did not consent to the distribution
2. The person had a reasonable expectation that the image would remain private
3. The distribution was made with the intent to harm, harass, intimidate, threaten, or coerce the person depicted

What Counts as an "Intimate Image"?

The statute covers images showing:

• Nudity or partial nudity
• Sexual acts or sexual contact
• Any depiction of intimate body parts that the person intended to keep private

The law applies to photographs, videos, digital images, and any visual representation, regardless of the medium or platform used for distribution.

Criminal Penalties for Revenge Porn

Civil Remedies for Victims

Beyond criminal prosecution, ss 3-809(f) provides victims with a civil cause of action for defamation per se or invasion of privacy against the person who distributed the images. The statute does not itemize a separate list of recoverable damages; the victim's remedies are whatever those two common-law torts allow, and the court may additionally award reasonable attorney's fees to a prevailing plaintiff.

The civil remedy exists independently of criminal prosecution. A victim can pursue both paths simultaneously.

Upskirting and Downblousing

Maryland law addresses technology-assisted voyeurism, including "upskirting" (using a camera to photograph under a person's clothing) and similar acts. These offenses fall under ss 3-902's prohibition on using a camera to capture a person's private area with prurient intent, which applies regardless of location. Section 3-903 reaches this conduct only if it happens inside a private residence; it does not independently cover upskirting in a public place like a store or sidewalk.

Using a hidden camera, phone camera, or other device with prurient intent to capture images under or through a person's clothing without their consent, where a reasonable person would believe that area is not visible to the public, violates ss 3-902 regardless of whether the act occurs in a public or private place. The violation arises from the invasion of a person's bodily privacy, which exists even in public settings.

When Hidden Cameras Trigger the Wiretapping Statute

The Audio Component

A hidden camera inside a private residence that records only silent video may violate ss 3-903 (unless an exemption such as the adult-resident exemption applies) or, if placed with prurient intent, ss 3-902, which covers private places both inside and outside a residence, but when the camera also captures audio, the offense escalates significantly. The audio recording triggers Md. Code, Cts. & Jud. Proc. ss 10-402, Maryland's wiretapping statute.

Under ss 10-402, recording a private conversation without the consent of all parties is a felony punishable by:

• Up to 5 years in prison
• Up to $10,000 in fines

This means a person who places a hidden camera with audio capability inside a private residence can face:

1. Misdemeanor charges under ss 3-903 for the hidden camera itself
2. Felony charges under ss 10-402 for the unauthorized audio recording
3. Additional misdemeanor charges under ss 3-902 if prurient intent is present
4. Potential federal charges under 18 U.S.C. ss 1801 (video voyeurism on federal property)

Outside a private residence, two statutes apply. In a retail store, Criminal Law ss 3-901 makes any visual surveillance of a person in a dressing room or restroom without consent a misdemeanor (up to 30 days and $1,000), with no intent requirement, even for the store's owner, and the person watched can sue. Anywhere else, such as an office, gym, or hotel, a hidden camera in a restroom or changing room is charged under ss 3-902, which requires prurient intent.

Stacking of Charges

Maryland prosecutors can bring multiple charges for a single hidden camera incident. Each statute protects a different interest (visual privacy, audio privacy, and bodily autonomy), so charges under multiple statutes do not constitute double jeopardy.

Specific Scenarios and Legal Analysis

Hidden Cameras in Rental Properties

Landlords who place hidden cameras in rental units face serious criminal liability. Because a tenant's unit is their private residence, recording tenants in bedrooms, bathrooms, or other areas of the unit violates ss 3-903. If the cameras capture audio, felony wiretapping charges under ss 10-402 also apply.

Even in common areas of a rental property, hidden cameras that are not disclosed to tenants may violate the tenant's reasonable expectation of privacy, depending on the circumstances.

Hidden Cameras in the Workplace

A workplace is not a private residence, so ss 3-903 does not reach an employer's cameras. An employer who hides a camera in a workplace restroom or changing area instead risks a misdemeanor under ss 3-902, but only if the camera was placed with prurient intent -- that statute does not criminalize a hidden camera installed for loss-prevention or monitoring purposes without a sexual motive. The exception is a retail store: in a store's restrooms or dressing rooms, ss 3-901 makes any visual surveillance without consent a misdemeanor regardless of intent. Employers should still avoid cameras in these spaces regardless of intent: beyond the criminal exposure ss 3-902 can create, hidden surveillance of employees undressing or using the restroom exposes an employer to civil invasion-of-privacy claims and severe reputational harm. Cameras in common work areas are generally permissible if employees receive notice.

Nanny Cameras

Parents who install cameras to monitor childcare providers operate in a legal gray area under Maryland law. Silent nanny cameras placed in common areas of the home (living rooms, kitchens) are generally permissible. However:

• Section 3-903 does not apply to an adult resident of the home, so a parent's camera is judged instead under ss 3-902, which can reach a camera in a bathroom or bedroom where the caregiver changes clothes if it is placed with prurient intent, and such a camera can still invite civil invasion-of-privacy claims
• Audio-enabled nanny cameras trigger the wiretapping statute's all-party consent requirement
• The safest approach is to disclose the presence of cameras to the caregiver

Intimate Partner Surveillance

Using hidden cameras to monitor an intimate partner without their consent can violate Maryland law. Because ss 3-903 does not apply to an adult resident of the home, a partner who lives there is judged under other statutes, such as ss 3-902 (if there is prurient intent) and the wiretapping statute (if audio is captured). This behavior may also constitute evidence of domestic abuse and stalking. Maryland's domestic violence statutes provide additional protections and remedies for victims of surveillance by intimate partners.

Federal Voyeurism Law

18 U.S.C. ss 1801: Video Voyeurism Prevention Act

The federal Video Voyeurism Prevention Act applies specifically to federal property and the special maritime and territorial jurisdiction of the United States. This statute makes it a crime to capture an image of a person's private area without consent in circumstances where the person has a reasonable expectation of privacy.

This federal law becomes relevant when voyeurism occurs on:

• Military bases in Maryland
• Federal government buildings
• National parks and federal lands
• Other areas under exclusive federal jurisdiction

Federal penalties include fines and up to one year in prison.

Reporting Voyeurism and Hidden Camera Crimes

How to Report

If you discover a hidden camera or believe you are a victim of voyeurism in Maryland:

1. Contact local law enforcement immediately by calling 911 or your local police non-emergency number
2. Do not disturb the camera if possible, as it is evidence
3. Document the location and circumstances of the discovery
4. Preserve any evidence including photographs of the camera's location
5. Contact an attorney to discuss both criminal prosecution and civil remedies

Victim Resources

Maryland provides several resources for victims of privacy crimes:

• Your county State's Attorney's Office handles prosecution, and the Maryland Attorney General's Office has victim resources
• Legal aid organizations can help victims who cannot afford private attorneys
• Domestic violence organizations can assist when hidden camera use occurs in an intimate partner context

Penalties Summary

More Maryland Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

What is the penalty for hidden cameras in Maryland?

It depends on where the camera is. Placing a hidden camera inside a private residence, such as a bathroom or bedroom in someone's home, can violate Maryland Criminal Law ss 3-903, a misdemeanor, regardless of sexual intent, unless the person placing it is an adult resident of that home or has an adult resident's consent. In a retail store's dressing room or restroom, ss 3-901 makes any visual surveillance without consent a misdemeanor (up to 30 days and $1,000) with no intent requirement. In a bathroom or changing room at another business, such as a gym or office, a hidden camera falls under ss 3-902, which applies only if the camera was placed with prurient intent; ss 3-902 can also apply inside a residence. If the hidden camera also records audio of a private conversation, the person faces additional felony charges under the wiretapping statute (ss 10-402) with up to 5 years in prison and a $10,000 fine. Multiple charges can stack for a single incident.

Is revenge porn illegal in Maryland?

Yes. Maryland Criminal Law ss 3-809 makes it illegal to distribute intimate images of someone without their consent when done to harm, harass, or intimidate them. It is a misdemeanor with up to 2 years in prison and a $5,000 fine; the statute does not set a higher penalty tier for repeat offenses. Victims can also bring a civil cause of action for defamation per se or invasion of privacy, plus recoverable attorney's fees, under ss 3-809(f).

Can I use a nanny cam in Maryland?

Silent video nanny cameras in common areas of your home (living room, kitchen) are generally permissible. However, cameras in bathrooms or bedrooms where the caregiver might change clothes carry legal risk: ss 3-903 exempts an adult resident of the home, but ss 3-902 applies if the camera is placed with prurient intent, and civil privacy claims are possible. If the camera records audio, you need all-party consent under the wiretapping statute. The safest approach is to tell the caregiver about the cameras.

What should I do if I find a hidden camera in Maryland?

Contact local law enforcement immediately. Do not disturb the camera, as it is evidence. Document the location with photographs if possible. Preserve any other evidence of the surveillance. Then consult an attorney to discuss criminal prosecution and civil remedies. If the hidden camera was placed by a landlord or employer, additional legal protections may apply.

Does Maryland's voyeurism law require sexual intent?

It depends on the statute. Criminal Law ss 3-902 (visual surveillance of a private place, such as a restroom or changing room) requires prurient intent, meaning the surveillance was done for sexual arousal or gratification. Criminal Law ss 3-903 (camera surveillance inside a private residence) does not require prurient intent, but it is narrower in scope -- it only reaches a camera placed to secretly observe someone inside a residence, not a business, office, or other non-residential space, and it does not apply to an adult resident of the home or someone with an adult resident's consent. Criminal Law ss 3-901, which covers only dressing rooms and restrooms in retail stores, also requires no sexual intent.