(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 §§ 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 § 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 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.
Maryland Legal Code