1. (a) In this section:

   1. (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:

         1. 1. A. of serious bodily injury;

            1. B. of an assault in any degree;
            2. 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;
            3. D. of false imprisonment; or
            4. E. of death; or
         2. 2. that a third person likely will suffer any of the acts listed in item 1 of this item; or
      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. (2) “stalking” includes conduct described in item (1) of this subsection that occurs:

      1. (i) in person;
      2. (ii) by electronic communication, as defined in § 3-805 of this subtitle; or
      3. (iii) through the use of a device that can pinpoint or track the location of another without the person's knowledge or consent.

2. (b) The provisions of this section do not apply to conduct that is:

   1. (1) performed to ensure compliance with a court order;
   2. (2) performed to carry out a specific lawful commercial purpose; or
   3. (3) authorized, required, or protected by local, State, or federal law.
3. (c) A person may not engage in stalking.
4. (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.
5. (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.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 313, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2011, c. 65, § 1, eff. April 12, 2011; Acts 2016, c. 544, § 1, eff. Oct. 1, 2016; Acts 2016, c. 545, § 1, eff. Oct. 1, 2016; Acts 2022, c. 148, § 1, eff. Oct. 1, 2022; Acts 2022, c. 149, § 1, eff. Oct. 1, 2022.

Formerly Art. 27, § 124.