EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0110*
HOUSE BILL 110
E1 2lr0528
(PRE–FILED)
By: Delegates Shetty and Pippy
Requested: September 22, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Stalking – Penalties 2
FOR the purpose of altering the penalties for stalking under certain circumstances; and 3
generally relating to the crime of stalking. 4
BY repealing and reenacting, with amendments, 5
Article – Criminal Law 6
Section 3–802 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Criminal Law 12
3–802. 13
(a) In this section, “stalking” means a malicious course of conduct that includes 14
approaching or pursuing another where: 15
(1) the person intends to place or knows or reasonably should have known 16
the conduct would place another in reasonable fear: 17
(i) 1. of serious bodily injury; 18
2. of an assault in any degree; 19
3. of rape or sexual offense as defined by §§ 3–303 through 20
3–308 of this title or attempted rape or sexual offense in any degree; 21 2 HOUSE BILL 110
4. of false imprisonment; or 1
5. of death; or 2
(ii) that a third person likely will suffer any of the acts listed in item 3
(i) of this item; or 4
(2) the person intends to cause or knows or reasonably should have known 5
that the conduct would cause serious emotional distress to another. 6
(b) The provisions of this section do not apply to conduct that is: 7
(1) performed to ensure compliance with a court order; 8
(2) performed to carry out a specific lawful commercial purpose; or 9
(3) authorized, required, or protected by local, State, or federal law. 10
(c) A person may not engage in stalking. 11
(d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 12
SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 13
conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 14
or both. 15
(2) A PERSON WHO IS CONVIC TED UNDER SUBSECTION (C) OF THIS 16
SECTION IS GUILTY OF A FELONY AND IS SUBJECT TO IMPRISONM ENT NOT 17
EXCEEDING 10 YEARS OR A FINE NOT EXCEED ING $10,000 OR BOTH IF: 18
(I) THE PERSON HAD AN IN TERIM, TEMPORARY , OR FINAL 19
PROTECTIVE ORDER IN EFFECT AGAINST THE P ERSON AT THE TIME OF THE 20
OFFENSE IN WHICH THE VICTIM WAS THE PETIT IONER; 21
(II) THE PERSON HAS PREVIOUSLY BEEN CONV ICTED ONCE 22
UNDER SUBSECTION (C) OF THIS SECTION; OR 23
(III) THE PERSON PREVIOUSL Y HAS BEEN CONVICTED ONCE OF A 24
CRIME UNDER THE LAWS OF ANOTHER STATE THA T WOULD BE A CRIME U NDER 25
SUBSECTION (C) OF THIS SECTION IF C OMMITTED IN THIS STATE. 26
(e) A sentence imposed under this section may be separate from and consecutive 27
to or concurrent with a sentence for any other crime based on the acts establishing a 28
violation of this section. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 HOUSE BILL 110 3
October 1, 2022. 1