LAWRENCE J. HOGAN, JR., Governor Ch. 149
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Chapter 149
(Senate Bill 328)
AN ACT concerning
Criminal Law – Stalking – Definition
FOR the purpose of altering the definition of stalking to include conduct that occurs in
person, through electronic communication, or through the use of a certain device;
and generally relating to stalking.
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 3–802
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
3–802.
(a) In this section[,]:
(1) “stalking” means a malicious course of conduct that includes
approaching or pursuing another where:
[(1)] (I) the person intends to place or knows or reasonably should have
known the conduct would place another in reasonable fear:
[(i)] 1. A. of serious bodily injury;
[2.] B. of an assault in any degree;
[3.] 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;
[4.] D. of false imprisonment; or
[5.] E. of death; or
[(ii)] 2. that a third person likely will suffer any of the acts listed
in item [(i)] 1 of this item; or Ch. 149 2022 LAWS OF MARYLAND
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[(2)] (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 COMMUN ICATION, AS DEFINED IN § 3–805
OF THIS SUBTITLE; OR
(III) THROUGH THE USE OF A DEVICE THAT CAN PINP OINT OR
TRACK THE LOCA TION OF ANOTHER WITH OUT 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) 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.
(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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.