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Md. Criminal Law Code Annotated 3-802 Stalking. Amended 2003. (Effective October 2003)

(a) 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:

(1) (I) serious bodily injury;

(II) an assault in any degree;

(III) rape or sexual offense as defined by sections 3-303 through 3-308 of this article or attempted rape or sexual offense in any degree;

(IV) false imprisonment; or

(V) death; or

(2) that a third person likely will suffer any of the acts listed in paragraph (1) of this subsection.

(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) Is authorized, required, or protected by 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.

3-805. Misuse of electronic mail. 1957. Amended 2002.

(a) "Electronic mail" defined. -- In this section, "electronic mail" means the transmission of information or a communication by the use of a computer or other electronic means that is sent to a person identified by a unique address and that is received by the person.

(b) Prohibited. -- A person may not use electronic mail with the intent to harass:

(1) one or more persons; or

(2) by sending lewd, lascivious, or obscene material.

(c) Construction of section. -- It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic mail or to conduct surveillance of electronic mail, if a court order directs the person to provide the information, facilities, or technical assistance:

(1) a provider of electronic mail;

(2) an officer, employee, agent, landlord, or custodian of a provider of electronic mail; or

(3) a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic mail or to conduct surveillance of electronic mail.

(d) Exception. -- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

(e) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.

Harassment

Md. Criminal Law Code Ann. 3-803. Harassment. Amended 2002.


(a) Prohibited. -- A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

(b) Exception. -- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

(c) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.







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Last Updated: May 1, 2011