Title 3. Other Crimes Against the Person — Subtitle 8. Stalking and Harassment

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

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

performed to ensure compliance with a court order;

performed to carry out a specific lawful commercial purpose; or

authorized, required, or protected by local, State, or federal law.

Except as provided in paragraph (2) of this subsection, 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.

A person who violates this section is guilty of a felony and is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both if:

In this section the following words have the meanings indicated.

“Residence” includes the yard, grounds, outbuildings, and common areas surrounding a residence.

“Visual surveillance” has the meaning stated in § 3–901 of this title.

with the intent to harass, alarm, or annoy the other;

after receiving a reasonable warning or request to stop by or on behalf of the other; and

without a legal purpose.

This section does not apply to a peaceable activity intended to express a political view or provide information to others.

This section may not be construed in a manner that infringes on any right guaranteed under the United States Constitution or the Maryland Declaration of Rights.

for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.

an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;

repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or

a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.

In this section the following words have the meanings indicated.

“Electronic communication” means the act of transmitting any information, data, writing, image, or communication by the use of a computer or any other electronic means, including a communication that involves the use of e–mail, an instant messaging service, an Internet website, a social media application, a network call, a facsimile machine, or any other Internet–based communication tool.

“Electronic conduct” means the use of a computer or a computer network to:

“Instant messaging service” means a computer service allowing two or more users to communicate with each other in real time.

“Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.

“Social media application” means any program, software, or website that allows a person to become a registered user for the purpose of establishing personal relationships with one or more other users through:

“Social media profile” means a website or profile created using a social media application.

A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:

A person may not maliciously engage in an electronic communication if:

A person may not maliciously engage in a single significant act or course of conduct using an electronic communication if:

A person may not maliciously engage in electronic conduct if:

A person may not violate this section with the intent to induce a minor to commit suicide.

a provider of electronic communication;

an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or

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 communication or to conduct surveillance of electronic communication.

intended to express a political view or provide information to others; or

conducted for a lawful purpose.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(6) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

In this section the following words have the meanings indicated.

“Commercial electronic mail message” means an electronic message sent primarily for the purpose of commercial advertisement or promotion of:

“Domain name” means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic mail address on the Internet.

“Electronic mail service provider” means any person, including an Internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account.

“Financial institution” has the same meaning as provided in § 1–101 of the Financial Institutions Article.

“Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes.

The term “initiate”, when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message and does not include actions that constitute routine conveyance of such message.

“Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

“Internet protocol address” means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.

“Materially falsified” means altered or concealed in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this section:

“Multiple” means:

“Protected computer” means a computer used in intrastate or interstate communication.

“Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses.

use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message;

materially falsify header information in multiple commercial electronic mail messages and intentionally initiate the transmission of the messages;

register, using information that materially falsifies the identity of the actual registrant, for 15 or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiate the transmission of multiple commercial electronic mail messages from one or any combination of accounts or domain names;

falsely represent the right to use five or more Internet protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from the Internet protocol addresses;

access a protected computer of another without authorization, and intentionally initiate the transmission of multiple electronic mail advertisements from or through the protected computer;

violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting addresses to which a message was transmitted, knowing that:

violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting electronic mail addresses of recipients obtained using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section involving the transmission of more than 250 commercial electronic mail messages during a 24–hour period, 2,500 commercial electronic mail messages during any 30–day period, or 25,000 commercial electronic mail messages during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(3) of this section involving 20 or more electronic mail accounts or 10 or more domain names and intentionally initiates the transmission of multiple commercial electronic mail messages from the accounts or using the domain names is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section that causes a loss of $500 or more during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in concert with three or more other persons as the leader or organizer of the action that constitutes the violation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in furtherance of a felony, or who has previously been convicted of an offense under the laws of this State, another state, or under any federal law involving the transmission of multiple commercial electronic mail messages is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

A person who violates subsection (b)(6) or (7) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

any money and other income, including all proceeds earned but not yet received by a defendant from a third party as a result of the defendant’s violation of this section; and

all computer equipment, computer software, and personal property used in connection with a violation of this section known by the owner to have been used in violation of this section.

An action brought under this subsection shall be commenced within 2 years after the commission of the act.

The Attorney General may institute a civil action against a person who violates this section to recover a civil penalty not exceeding:

The Attorney General may seek an injunction in a civil action to prohibit a person who has engaged in or is engaged in a violation of this section from engaging in the violation.

The Attorney General may enforce criminal violations of this section.

for educational purposes by individuals engaged in an organized meeting or training class; or

during the normal course of work or trade activities.

by an individual conducting research and development or flight testing for an aircraft manufacturer or the Federal Aviation Administration;

by a member of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity during an activity related to research and development, flight testing, or training;

by a law enforcement officer, as defined in § 1–101 of the Public Safety Article, acting in an official capacity;

by an individual attempting to make the individual’s location known; or

by an individual attempting to give a warning signal.

false; or

contains or is based on a materially false, fictitious, or fraudulent statement or representation.

for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both; and

for each subsequent violation, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

In this section the following words have the meanings indicated.

“Distribute” means to give, sell, transfer, disseminate, publish, upload, circulate, broadcast, make available, allow access to, or engage in any other form of transmission, electronic or otherwise.

“Harm” means:

“Intimate parts” means the naked genitals, pubic area, buttocks, or female nipple.

“Sexual activity” means:

This section does not apply to:

An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is not liable under this section for content provided by another person.

with the intent to harm, harass, intimidate, threaten, or coerce the other person;

under circumstances in which the other person had a reasonable expectation that the image would remain private.

A person whose visual representation was distributed in violation of this section has a civil cause of action for defamation per se or invasion of privacy against any person who distributed the visual representation.

In addition to other relief, the court may award reasonable attorney’s fees to a prevailing plaintiff under this subsection.

subject to item (2) of this subsection, may not be made available for public inspection; and

except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge or civil action under this section to: