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Session Laws, 1993
Volume 772, Page 1527   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 206

(ii) In the circuit court with an offense arising out of the same
circumstances and within the concurr
ent jurisdictions of the District Court and the circuit
court d
escribed under subsection (d) of this section.

(2) In the cases described under paragraph (1) of this subsection, the circuit
court for the county has exclusiv
e original jurisdiction over all the offenses.

121B.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      "COURSE OF CONDUCT" MEANS A PERSISTENT PATTERN OF
CONDUCT, COMPOSED OF A SERIES OF ACTS OVER A PERIOD OF TIME, THAT
EVIDENCES A CONTINUITY OF PURPOSE.

(3)      "STALKING" MEANS A MALICIOUS COURSE OF CONDUCT THAT
INCLUDES APPROACHING OR PURSUING ANOTHER PERSON WITH INTENT TO PLACE
THAT PERSON IN REASONABLE FEAR:

(I)       OF SERIOUS BODILY INJURY OR DEATH; OR

(II)     THAT A THIRD PERSON LIKELY WILL SUFFER SERIOUS BODILY
INJURY OR DEATH.

(B)     A PERSON MAY NOT ENGAGE IN STALKING.

(C)     A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR
IMPRISONMENT FOR NOT MORE THAN 3 5 YEARS OR BOTH.

(D)     A SENTENCE IMPOSED UNDER THIS SECTION MAY BE IMPOSED SEPARATE
FROM AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY OTHER
OFFENSE BASED UPON THE ACT OR ACTS ESTABLISHING A VIOLATION OF THIS SECTION.

594B.

(O) A POLICE OFFICER MAY ARREST A PERSON WITHOUT A WARRANT IF:

(1) THE POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE A STALKING
UNDER § 121B OF THIS ARTICLE HAS BEEN COMMITTED;

(2) THE POLICE OFFICER HAS REASON TO BELIEVE THAT THE ALLEGED
STALKING VICTIM OR A THIRD PERSON IS IN DANGER OF IMMINENT BODILY HARM OR
DEATH; AND

(3) THE PROBABLE CAUSE UNDER PARAGRAPH (1) OF THIS SUBSECTION IS
SUPPORTED BY CREDIBLE EVIDENCE OTHER THAN STATEMENTS OF THE ALLEGED
STALKING VICTIM.

- 1527 -

 

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Session Laws, 1993
Volume 772, Page 1527   View pdf image
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