| Also see: |
| No Current Civil Stalking Law |
| No Current Case Law on Stalking |
| Maryland Resources |
Maryland
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Md. Criminal law Code
Ann. § 3-801. "Course of conduct" defined. (2002)
In this subtitle, "course of
conduct" means a persistent pattern of conduct, composed of a series of acts
over time, that shows a continuity of purpose.
Md. Criminal law Code
Ann. § 3-802. Stalking.
(2004)
(a) "Stalking"
defined. -- In this section, "stalking"
means a malicious course of conduct that includes approaching or pursuing
another where the person intends to place or knows or reasonably should have
known the conduct would place another in reasonable fear:
(1)
(i) of serious bodily
injury;
(ii) of an assault in any degree;
(iii) of rape or
sexual offense as defined by §§ 3-303 through 3-308 of
this article or attempted rape or
sexual offense in any degree
(iv) of false
imprisonment; or
(v) of death; or
(2)
that a
third person likely will suffer any of the acts listed in item (1) of this
subsection.
(b) Prohibited. -- 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)
Applicability. -- A person may not
engage in stalking.
(d) Penalty. -- 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) Sentence. -- 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.
Md. Criminal law
Code Ann. § 3-803. Harassment. (2002)
(a) Prohibited. -- A person may not
follow another in or about a public place or maliciously engage in a course of
conduct that alarms or seriously annoys the other:
(1)
with
the intent to harass, alarm, or annoy the other;
(2)
after
receiving a reasonable warning or request to stop by or on behalf of the other;
and
(3)
without
a legal purpose.
(b) Exception. -- This section does
not apply to a peaceable activity intended to express a political view or
provide information to others.
(c) Penalty. -- A person who violates
this section is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.
Md. Criminal law Code
Ann. § 3-804. Misuse of telephone facilities and equipment.
(2002)
(a) Prohibited. -- A person may not
use telephone facilities or equipment to make:
(1)
an
anonymous call that is reasonably expected to annoy, abuse, torment, harass, or
embarrass another;
(2)
repeated calls with the intent to
annoy, abuse, torment, harass, or embarrass another; or
(3)
a
comment, request, suggestion, or proposal that is obscene, lewd, lascivious,
filthy, or indecent.
(b) Penalty. -- A
person who violates this section is guilty of a misdemeanor and on conviction is
subject to imprisonment not exceeding 3 years or a fine not exceeding $ 500 or
both.
Md. Criminal law Code
Ann. § 3-805. Misuse of electronic mail. (2002)
(a) "Electronic mail" defined. -- In
this section, "electronic mail" means the transmission of information or a
communication by the use of a computer or other electronic means that is sent to
a person identified by a unique address and that is received by the
person.
(b) Prohibited. -- A person may not
use electronic mail with the intent to harass:
(1)
one or
more persons; or
(2)
by
sending lewd, lascivious, or obscene material.
(c) Construction of section. -- It is
not a violation of this section for any of the following persons to provide
information, facilities, or technical assistance to another who is authorized by
federal or State law to intercept or provide electronic mail or to conduct
surveillance of electronic mail, if a court order directs the person to provide
the information, facilities, or technical assistance:
(1)
a
provider of electronic mail;
(2)
an
officer, employee, agent, landlord, or custodian of a provider of electronic
mail; or
(3)
a
person specified in a court order directing the provision of information,
facilities, or technical assistance to another who is authorized by federal or
State law to intercept or provide electronic mail or to conduct surveillance of
electronic mail.
(d) Exception. -- This section
does not apply to a peaceable activity intended to express a political view or
provide information to others.
(e) Penalty. -- A person who violates
this section is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 1 year or a fine not exceeding $ 500 or
both.