I would agree o'keefe/giles are CLEARLY in violation of statute in question. However it's rather murky if they could be successfully prosecuted.
1. There have been at least a dozen or more, cases of "undercover" audio/visual tapings conducted by tv journalists in Baltimore over the past couple of years and even more over the past decade.. And they pretty much did what this pair did. A few even won prizes for excellence in investigative journalism.
The problem is why these two and not the others? "Selective prosecution" is REALLY frowned upon by the courts. It would be akin to making jaywalking a felony, yet only arresting that ONE guy who's race/politics you dislike. A severe nono. This is the kind of situation the the ACLU might get involved in whether they like it or not, just to be consistent. And do it for free.
2. You have to prove the defendant KNEW his taping is illegal. All he has to do is lie. Remember, he doesn't live in Maryland and his buddies are elsewhere. Just TRY to supoena someone from out of state to say he did know!
http://www.rcfp.org/taping/states/maryland.html"Violations of the law are felonies punishable by imprisonment for not more than five years and a fine of not more than $10,000. Civil liability for violations can include the greater of actual damages, $100 a day for each day of violation or $1,000, along with punitive damages, attorney fees and litigation costs. To recover civil damages, however, a plaintiff must prove that the defendant KNEW it was illegal to tape the communication without consent from all participants. MD. Code Ann., Cts. & Jud. Proc. § 10-410."
Not sure how it relates to criminal prosecution, But if KNOWING it's a crime is important, and it's in the statute/interpretation, thats a hell of a mitigating circumstance.
3. You may not like it, but they are journalists. They write/produce stuff for the public to read/see/hear. Paid or not. All sorts of extra rights protect these people ranging from "Freedom of the Press" in the constitution to "Shield Laws". Do the tv news media in Baltimore know something we don't?
Still, might as well go through with it. Even if they win, probably worth the money just to make them sweat a little. Martyrdom be damned.