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: of serious bodily injury; of an assault in any degree; 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; of false imprisonment; or of death; or that a third person likely will suffer any of the acts listed in item 1 of this item; or the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and “stalking” includes conduct described in item (1) of this subsection that occurs: in person; by electronic communication, as defined in § 3–805 of this subtitle; or through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent. The provisions of this section do not apply to conduct that is: 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. A person may not engage in stalking. 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: 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; 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; the person has previously been convicted once of a violation of this section; or 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. 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.