2023 Maryland Statutes
Criminal Law
Title 3 - Other Crimes Against the Person
Subtitle 8 - Stalking and Harassment
Section 3-802 - Stalking

    (a)    In this section:

        (1)    “stalking” means a malicious course of conduct that includes approaching or pursuing another where:

            (i)    the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:

                1.    A.    of serious bodily injury;

                B.    of an assault in any degree;

                C.    of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree;

                D.    of false imprisonment; or

                E.    of death; or

                2.    that a third person likely will suffer any of the acts listed in item 1 of this item; or

            (ii)    the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and

        (2)    “stalking” includes conduct described in item (1) of this subsection that occurs:

            (i)    in person;

            (ii)    by electronic communication, as defined in § 3–805 of this subtitle; or

            (iii)    through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.

    (b)    The provisions of this section do not apply to conduct that is:

        (1)    performed to ensure compliance with a court order;

        (2)    performed to carry out a specific lawful commercial purpose; or

        (3)    authorized, required, or protected by local, State, or federal law.

    (c)    A person may not engage in stalking.

    (d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

    (e)    A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.

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