ROBERT L. EHRLICH, JR., Governor

Ch. 313

Section 4-301(b)(17) and (18) and 4-302(d)(1)
Annotated Code of Maryland
(2002 Replacement Volume)

BY adding to

Article—Courts and Judicial Proceedings
Section 4-301(b)(19)
Annotated Code of Maryland
(2002 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

3-802.

(a)     In this section, "stalking" means a malicious course of conduct that
includes approaching or pursuing another [with the intent to place that individual]
WHERE THE PERSON INTENDS TO PLACE OR KNOWS OR REASONABLY SHOULD HAVE
KNOWN THE CONDUCT WOULD PLACE ANOTHER in reasonable fear OF:

(1)     (I) [of] serious bodily [injury] HARM;

(II)     AN ASSAULT IN ANY DEGREE;

(III)   RAPE OR SEXUAL OFFENSE AS DEFINED BY §§ 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 [serious bodily injury or death]
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 LOCAL,
STATE, OR FEDERAL LAW.

(b)     (C) A person may not engage in stalking.

(c) (D) A person who violates this section is guilty of a [misdemeanor]
FELONY and on conviction is subject to imprisonment not exceeding 5 years or a fine
not exceeding $5,000 or both.

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