what is course of conduct for stalking maryland

Stalking Statutes in Maryland

Code Section	Art. 27 §3-802
Stalking Defined as	Malicious course of conduct of approachi ...
Punishment/Classification	Misdemeanor: jail maximum 5 years and/or ...
Penalty for Repeat Offense	-
Arrest or Restraining Order Specifically ...	-

Apr 21 2022

Full Answer

What constitutes stalking under Maryland law?

Stalking is defined by Maryland law as a malicious course of conduct that includes following or approaching another where you intend to or know the behavior would put the person in fear of: 1 Serious bodily injury 2 Rape or other sex offense 3 False imprisonment, or 4 Death

What is the sentence for stalking in South Carolina?

This offense is a serious felony which carries a potential sentence of up to 5 years and fines reaching $5,000. If another crime is committed in the commission of the stalking you can be charged separately for that as well.

What are the penalties for harassment in Maryland?

Maryland has many categories of harassment, each with it’s own potential recommended sentence. Generally harassment involves the following or maliciously engaging in a course of conduct with the intent to annoy or alarm another. This offense is a misdemeanor and punishable by up to 90 days in jail and $500 in fines.

What is the penalty for stalking in Maryland?

Section 3-802(b). If a person is guilty of stalking, then the individual faces conviction of a misdemeanor with up to five years in prison and/or a fine of $5,000 or less.

What is the legal definition of stalking in Maryland?

Stalking, covered by Maryland Criminal Law Code § 3-802, is defined as repeatedly pursuing or approaching another individual with the intention of putting that person in reasonable fear of: Serious bodily injury. Assault in any form.

What are the elements of stalking?

In most States, to charge and convict a defendant of stalking, several elements must be proven beyond a reasonable doubt: a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim.

What is the Offence of stalking?

Stalking and harassment is when someone repeatedly behaves in a way that makes you feel scared, distressed or threatened. There are different types of stalking and harassment and anyone can be a victim. Stalking and harassment are offences under the Protection from Harassment Act 1997.

How do I prove harassment in Maryland?

In order to gain a conviction in a case of harassment, the state must prove that the defendant followed another in or about a public place, or that the defendant maliciously engaged in a course of conduct that alarmed or seriously annoyed another.

Can you go to jail for harassment in Maryland?

What is the Penalty for Harassment in Maryland? Harassment is a misdemeanor offense. A first offense carries a potential term of imprisonment of up 90 days, a fine of up to $500 or both. A second or further crime of harassment carries a prison term of up to 180 days, a fine of up to $1,000, or both.

What is the criminal intent element required for stalking?

The criminal act element required for stalking varies, but in general it is repeatedly engaging in a course of conduct that poses a credible threat to the victim's safety, including following, harassing, approaching, or pursuing the victim.

Can you go to jail for harassment?

If the person keeps harassing you after you get an injunction, they've broken the law - this means they could go to prison. You can go to civil court even if: you haven't reported it to the police. you reported it to the police, but the the CPS decided not to prosecute the person who harassed you.

What actions are used to satisfy the element of threat required for stalking?

What 3 elements must be present in order to prove the crime of stalking? Person willfully, maliciously, and repeatedly follows or harasses another. Person made a credible threat. Made threat with specific intent to place person in reasonable fear for their or their families safety.

What is a course of conduct harassment?

(1)A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.

What is the sentence for harassment without violence?

For the offence without violence, the basic offence of harassment, up to six months imprisonment can be imposed. This increased to 2 years if the offence is racially aggravated.

What is the punishment for following someone?

Stalking — physical or electronic via phone calls, text messages or emails — is now a criminal offence, punishable with one to three years in jail.

What is Stalking?

Stalking in Maryland is legally defined as “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 suffering serious bodily injury, assault, rap or sexual offense, false imprisonment, or death, or that a third person likely will suffer any of the acts listed.” Criminal Law §3-802.

Intersection of Stalking and Intimate Partner Violence

In a majority of cases, stalkers are not strangers, but someone you know. Often it is a current or former abusive partner. Stalking is another way that current or former intimate partners assert power and control in a relationship. Stalking can happen before, during, and after a relationship.

You Have Options

Remember that this is not your fault. You are in control. These are suggestions for what you can do. However, the choice to do any or all of these is up to you.

What is the Maryland stalking law?

In the state of Maryland, laws against stalking focus not on any one act, but on a “course of conduct” that as a whole leaves the victim in fear of being harmed in a number of ways.

What is the law on stalking?

By the name of the law, misuse of telephone facilities and equipment may not seem relevant to stalking and harassment legislation. Yet, the content of this section is aimed at prohibiting people from over-the-phone stalking and harassment. It is illegal under this section (Section 3-804 (a)) for an individual to use telephones or cellular phones to: 1 Make an (i) obscene, indecent, filthy, or lewd (ii) comment, proposal, suggestion, or request. Section 3-804 (a) (3). 2 Make a phone call (i) anonymously (ii) the content of which would be reasonably expected to harass, embarrass, torment, distress, or annoy the person being called. Section 3-804 (a) (1). 3 Make calls (i) repeatedly (ii) with the intent to annoy, torment, harass, distress, or embarrass the person being called. Section 3-804 (a) (2).

How long can you go to jail for stalking?

If a person is guilty of stalking, then the individual faces conviction of a misdemeanor with up to five years in prison and/or a fine of $5,000 or less. Section 3-802 (d). The sentence for an individual convicted of stalking may be either separate from and consecutive to, or concurrent with, sentences for any other crimes arising from ...

What is the law on harassment?

Like the section described above, this law is designed to prohibit harassment perpetuated through electronic communication (which would include internet communication and even texting). Electronic communication is defined in Section 3-805 (a) as any transmission of data, information, or a communication through the use of electronic means (such as computers) that is sent to and received by a person.#N#It is illegal for any individual to (1) undertake a course of conduct (2) that is malicious (evil-minded, pernicious, with evil intent) (3) by means of electronic communication (4) that caused the victim to be alarmed and/or seriously annoyed (5) and the individual does this (see Section 3-805 (b)):

Is it illegal to conduct a course of conduct?

It is illegal for any individual to (1) undertake a course of conduct (2) that is malicious (evil-minded, pernicious, with evil intent) (3) by means of electronic communication (4) that caused the victim to be alarmed and/or seriously annoyed (5) and the individual does this (see Section 3-805 (b)):

Does Section 3-803 (b) apply to harassment?

It should be not ed that this section on harassment does not apply to conduct part of a peaceable activity with the purpose of expressing political views or with the purpose of providing information to others. Section 3-803 (b).

Stalking Statutes in Maryland

State laws regarding stalking will differ depending on where you live. The chart below highlights some of Maryland’s anti-stalking statutes. For more introductory information, you can visit FindLaw’s sections on Domestic Violence and Criminal Charges.

Worried About a Stalking Charge in Maryland? Talk to an Attorney

Getting charged with a stalking crime is a serious matter. If you'd like legal assistance with a stalking case, you should contact an experienced criminal defense attorney in Maryland to discuss the specifics of your case and get a better understanding of Maryland stalking laws.

What is a stalker in Maryland?

Stalking is defined by Maryland law as a malicious course of conduct that includes following or approaching another where you intend to or know the behavior would put the person in fear of:

What is stalking and harassment?

Harassment and stalking charges are cases wrought with emotion. Perhaps you had a relationship with the alleged victim and feel like the law is taking things out of context. We want to help you clear your name and assure you get fair treatment while caught up in the Maryland legal system.

How long is harassment in Maryland?

This offense is a misdemeanor and punishable by up to 90 days in jail and $500 in fines.

Why do courts try to sentence stalkers?

Because the courts are concerned that these types of activities could elevate to more serious offenses, they try to sentence them appropriately the first time. If you are charged with a harassment or stalking offense, we can help. We want to know about the case and what led to the circumstances of your arrest.

How much is a misdemeanor for harassing people?

Harassment by phone is a misdemeanor charge that carries a potential sentence of up to 3 years in prison and fines reaching $500. Harassment by email involves using email to harass one or more people by sending lewd, lascivious, or obscene material.

Stalking Section 3-802

• In the state of Maryland, laws against stalking focus not on any one act, but on a “course of conduct” that as a whole leaves the victim in fear of being harmed in a number of ways. Specifically, a “course of conduct” is defined as a persistent pattern of conduct, occurring through a series of acts over time, that indicates a consistent and continu...

See more on maryland-criminallawyer.com

Harassment Section 3-803

Misuse of Telephone Facilities and Equipment Section 3-804

Misuse of Electronic Communication Section 3-805

How A Maryland Stalking Lawyer Can Help