(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.
Scope of section
(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.
Prohibited
(c) A person may not engage in stalking.
Penalty
(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.
Sentence
(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.
Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 313, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2016, c. 544, § 1, eff. Oct. 1, 2016; Acts 2016, c. 545, § 1, eff. Oct. 1, 2016; Acts 2022, c. 148, § 1, eff. Oct. 1, 2022; Acts 2022, c. 149, § 1, eff. Oct. 1, 2022.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
