# Criminal Law (GCR)

## Title 3. Other Crimes Against the Person

### Subtitle 8. Stalking and Harassment

#### Section 3-802

(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 Sec.Sec. 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 Sec. 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)

  (1) 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.

  (2) 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:

    (i) the person had an interim, temporary, or final protective order in effect against the person at the time of the offense in which the victim was the petitioner;

    (ii) the person had a court order in effect against the person at the time of the offense prohibiting the behavior described in subsection (a) of this section involving the victim;

    (iii) the person has previously been convicted once of a violation of this section; or

    (iv) the person previously has been convicted once of a crime under the laws of another state that would be a crime under subsection (c) of this section if committed in this State.

(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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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)