Stalking Charges Lawyer
Stalking involves unwanted and repeated cyber, electronic, or in-person surveillance or harassment of someone. Stalking often involves domestic or intimate partners where one party stalks another to gain coercive control over the other. It can involve serious emotional, physical, sexual, psychological distress, and even economic abuse. It can include (but is not limited to)following someone, monitoring their activities, making unwanted contact, or gathering information about them without their consent. If you or someone you know is being stalked, it’s important to seek help from law enforcement, legal assistance, victim support, finding shelter or safe houses, and other support services.
Stalking is a crime in the State of Maryland. “Stalking” is defined in the Criminal Law Article as follows:
Md. Criminal Law Code Ann. § 3-802
- In this section:
- “stalking” means 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:
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- of serious bodily injury;
- of an assault in any degree;
- 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;
- of false imprisonment or
- of death or
- that a third person likely will suffer any of the acts listed in item 1 of this item or
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- the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another and
- The person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
- “stalking” includes conduct described in item (1) of this subsection that occurs:
- in person;
- by electronic communication, as defined in § 3-805 of this subtitle; or
- Through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.
- “stalking” means a malicious course of conduct that includes approaching or pursuing another where:
- The provisions of this section do not apply to conduct that is:
- performed to ensure compliance with a court order;
- performed to carry out a specific lawful commercial purpose or
- authorized, required, or protected by local, State, or federal law.
- A person may not engage in stalking.
- 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.
- 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.
While stalking can be done through physical proximity, it can also be done by electronic means. Cyberstalking refers to the use of electronic communications, such as the internet, social media, email, or other digital means, to stalk, harass, or intimidate someone. It can involve various forms of online behavior, including sending threatening or abusive messages, monitoring someone’s online activity without their permission, spreading false information about them online, or using technology to track their location or gather personal information. The statute specifically prohibits all of this behavior.
Cyberstalking can have serious consequences for the victim, causing emotional distress, anxiety, and a sense of invasion of privacy. If the behavior escalates, it can also lead to physical danger. Victims of cyberstalking should take steps to protect themselves, such as documenting all communications, blocking the stalker, and reporting the incidents to law enforcement and the relevant online platforms.
Harassment Charges Lawyer
Harassment refers to a pattern of unwanted behavior intended to annoy, threaten, intimidate, or alarm someone after a request to cease the behavior. It can take many forms, including verbal, written, physical, or electronic actions. Some common examples of harassment include verbal harassment (including offensive comments, insults, or derogatory remarks directed at someone), physical harassment (including unwanted physical contact, gestures, or actions that invade someone’s personal space or make them feel uncomfortable), electronic harassment/cyber harassment (including sending repeated, unwanted messages through email, social media, or other digital platforms or spreading rumors or posting false information about someone online and sexual harassment (including unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment).
Harassment can have serious consequences for the victim’s well-being, mental health, and sense of safety. In Maryland, harassment is a crime and can also serve as the basis for a Peace or Protective Order (Restraining Order) The Maryland Criminal Law article defines the specific behaviors that constitute the crime of harassment in the State of Maryland as follows:
Md. Criminal Law Code Ann. § 3-803. Harassment.
- A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:
- with the intent to harass, alarm, or annoy the other;
- after receiving a reasonable warning or request to stop by or on behalf of the other and
- without a legal purpose.
- This section does not apply to a peaceable activity intended to express a political view or provide information to others.
- A person who violates this section is guilty of a misdemeanor and on conviction, is subject to:
- for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and
- for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.
If someone is charged with the crimes of stalking and/or harassment in Maryland, they will typically face criminal proceedings in the District Court of Maryland in the county in which the crime allegedly occurred. Anyone criminally charged has the right to have an attorney who will assist the person in reviewing the evidence and providing a defense.
The penalties for stalking in Maryland are incarceration of up to five (5) years, a fine of up to $5,000.00, or both. The penalties for harassment are incarceration of up to 90 days, a fine of up to $500.00 or both for a first offense, and incarceration of up to 180 days, a fine of up to $1,000.00 or both for a subsequent offense. In filing a sentence for someone found guilty of either or both of these crimes, the Court can also order a probation period, and the victim can ask the Court for a Peace or Protective Order.
It’s important to take criminal stalking and harassment charges seriously, as they can have long-lasting consequences for both the accused and the victim. Both a person charged with a crime and a victim of a crime should seek legal counsel, which is crucial to navigating the legal process and ensuring fair treatment under the law.