Related
Offenses
Analyzing Stalking
Laws
Stalking
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 (2008)
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.
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Harassment
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.
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Related
Offenses
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.
Md. Code Ann. § 3-902. Visual surveillance with prurient intent.
(2006)
(a)
Definitions.
–
(1)
In
this section the following words have the meanings
indicated.
(2)
"Camera" includes any electronic
device that can be used surreptitiously to observe an
individual.
(3)
"Female breast" means a portion
of the female breast below the top of the areola.
(4)
"Private area of an individual"
means the naked or undergarment-clad genitals, pubic area, buttocks, or female
breast of an individual.
(5)
(i)
"Private place" means a room in
which a person can reasonably be expected to fully or partially disrobe and
has a reasonable expectation of privacy, in:
1.
an
office, business, or store;
2.
a
recreational facility;
3.
a
restaurant or tavern;
4.
a
hotel, motel, or other lodging facility;
5.
a
theater or sports arena;
6.
a
school or other educational institution;
7.
a
bank or other financial institution;
8.
any
part of a day care home used for the care and custody of a child;
or
9.
another place of public use or
accommodation.
(ii)
"Private place" includes a
tanning room, dressing room, bedroom, or
restroom.
(6)
(i)
"Visual surveillance" means the
deliberate, surreptitious observation of an individual by any
means.
(ii)
"Visual surveillance" includes
surveillance by:
1.
direct
sight;
2.
the
use of mirrors; or
3.
the
use of cameras.
(iii)
"Visual surveillance" does not
include a casual, momentary, or unintentional observation of an
individual.
(b)
Scope
of section. -- This section does not apply to a person who without prurient
intent:
(1)
conducts filming by or for the
print or broadcast media;
(2)
conducts or procures another to
conduct visual surveillance of an individual to protect property or public
safety or prevent crime; or
(3)
conducts visual surveillance
and:
(i)
holds
a license issued under Title 13 or Title 19 of the Business Occupations and
Professions Article; and
(ii)
is
acting within the scope of the person's
occupation.
(c)
Prohibited. -- A person may not
with prurient intent conduct or procure another to conduct visual surveillance
of:
(1)
an
individual in a private place without the consent of that individual;
or
(2)
the
private area of an individual by use of a camera without the consent of the
individual under circumstances in which a reasonable person would believe that
the private area of the individual would not be visible to the public,
regardless of whether the individual is in a public or private
place.
(d)
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 $ 2,500 or
both.
(e)
Civil
action. –
(1)
An
individual who was under visual surveillance in violation of this section has
a civil cause of action against any person who conducted or procured another
to conduct the visual surveillance.
(2)
In an
action under this subsection, the court may award actual damages and
reasonable attorney's fees.
(f)
Other
remedies. -- This section does not affect any legal or equitable right or
remedy otherwise provided by law.
(g)
Effect of section. -- This
section does not affect the application of § 3-901 of this
subtitle.
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