What is Considered Stalking in Maryland?

 Posted on May 23, 2024 in Harassment

If you find yourself accused of stalking in Maryland, you might be surprised, offended, and even embarrassed. But even if you are sure you are not guilty of stalking, you need to make sure you understand the legal definition of this offense and the potential consequences you may face. Stalking charges can lead to severe penalties and long-lasting effects on your personal and professional life. A Maryland criminal defense lawyer can help you explore what constitutes stalking under the law and the steps you should take if you are accused of this crime.

What is the Definition of Stalking?

Under Maryland Criminal Law Code § 3-802, stalking is characterized as a “malicious course of conduct,” which includes actions such as approaching or pursuing another person with the intention to instill a reasonable fear of serious assault, death, rape, bodily harm, sexual offense, or false imprisonment. This behavior must occur on more than one occasion and can involve the person accused of stalking but can also include someone acting on his behalf.

The victim’s fear must be reasonable, considering the circumstances. The perpetrator’s actions must be such that a reasonable person would suffer serious emotional distress.

Forms of Stalking Behavior

Stalking can manifest in various ways, both in the physical world and online. Some common forms of stalking behavior include:

• Following or repeatedly approaching the victim in public places

• Appearing at the victim’s home, workplace, or school uninvited

• Making harassing phone calls or sending threatening messages

• Monitoring the victim’s activities or using technology to track her movements

• Leaving unwanted gifts or items for the victim

• Damaging the victim’s property or threatening to harm her pets

• Spreading rumors or posting personal information about the victim online

These behaviors, when repeated and causing reasonable fear, can constitute stalking under Maryland law.

Penalties for Stalking in Maryland

Stalking is a misdemeanor offense in Maryland, punishable by up to 5 years in prison and/or a fine of up to $5,000. However, if the stalking occurs in violation of a protective order or the perpetrator has a prior conviction for certain crimes, including stalking, the penalties can be enhanced.

The person who fears she is a victim of stalking may also seek civil protection orders to prevent further contact with the perpetrator. Violating a protective order can result in additional criminal charges.

Contact a Harford, MD Criminal Defense Lawyer

If you receive a stalking charge, make sure you have someone on your side who understands this charge and what you need to do to protect yourself. Our Northern Baltimore County, MD criminal defense attorney is someone you can benefit from having in your corner. Call Baltimore Legal Services at 858-523-8423 for a free consultation with a lawyer who has helped over 10,000 people. You can rest assured you will be in good hands.