Maryland’s criminal laws contain many nuances and details. Sometimes the legislature may enact laws that appear to ban a broad range of behaviors, while the “details” of the statutes actually prohibit only a narrower range of conduct. Possessing a thorough knowledge of the criminal law in all its specifics is essential to a robust defense, which is why, if you are facing criminal charges, you should not hesitate to retain a knowledgeable Maryland criminal defense lawyer.
How important are these details? A recent case from Howard County illustrates the point clearly.
The case stemmed from an incident inside a bathroom at a rest area off Interstate 95. The crux of the state’s case was that the accused spied on a 16-year-old boy through the gap between the bathroom stall door and the stall’s frame.
One of the crimes that the state charged the accused, G.L., with was a violation of Md. Code Ann., Crim. Law Section 3-901(c). To establish a violation of Section 3-901(c), the prosecution had to prove the accused “(1) that he conducted or procured another to conduct visual surveillance; (2) of an individual; (3) in a private place; and (4) that he did so without the individual’s consent.”
Although the trial court convicted the man of the charge, the Appellate Court reversed that outcome. At the man’s appeal, he argued that he could not be convicted of violating Section 3-901(c) because his behavior did satisfy all the elements of the crime. During the appeal, the state acknowledged that the accused man’s counsel was correct.
This might seem like a surprising outcome, but it comes down to an awareness of the details of the statute, namely the third element of the crime, “in a private place.”
Surely an enclosed toilet stall inside a bathroom qualifies as a “private place,” right? Actually, no, not exactly. Another area of Section 3-901 makes it clear that the legislature intended for this section to criminalize only specific forms of surveillance at specific private places. Section 901(a)(3) expressly states that “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.” Section 901(a)(2) explicitly says that a “private place” means “a dressing room or rest room in a retail store.”
Because the legislature intended this statute to criminalize visual surveillance of individuals in retail stores, and G.L.’s case clearly showed that he was at a highway rest stop, not a retail store, he could not possibly be convicted of this crime.
If you are facing criminal charges, you need legal counsel with extensive experience and an in-depth understanding of the law. For that kind of representation, call upon the Maryland criminal defense attorneys at Anthony A. Fatemi, LLC. It is crucial to call right away. The sooner you call and retain us, the sooner we can begin building your defense and protecting your rights. Contact us today at 301-519-2801 or via our online form to set up your consultation.