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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
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*sb0512*
SENATE BILL 512
E1 6lr1247
SB 429/22 – JPR
By: Senator Smith
Introduced and read first time: February 2, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: March 2, 2026
CHAPTER ______
AN ACT concerning 1
Criminal Law – Stalking – Penalties 2
FOR the purpose of altering the penalties for stalking under certain circumstances; and 3
generally relating to the crime of stalking. 4
BY repealing and reenacting, with amendments, 5
Article – Criminal Law 6
Section 3–802 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2025 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Criminal Law 12
3–802. 13
(a) In this section: 14
(1) “stalking” means a malicious course of conduct that includes 15
approaching or pursuing another where: 16
(i) the person intends to place or knows or reasonably should have 17
known the conduct would place another in reasonable fear: 18
2 SENATE BILL 512
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
3–308 of this title or attempted rape or sexual offense in any degree; 4
D. of false imprisonment; or 5
E. of death; or 6
2. that a third person likely will suffer any of the acts listed 7
in item 1 of this item; or 8
(ii) the person intends to cause or knows or reasonab ly should have 9
known that the conduct would cause serious emotional distress to another; and 10
(2) “stalking” includes conduct described in item (1) of this subsection that 11
occurs: 12
(i) in person; 13
(ii) by electronic communication, as defined in § 3 –805 of this 14
subtitle; or 15
(iii) through the use of a device that can pinpoint or track the location 16
of another without the person’s knowledge or consent. 17
(b) The provisions of this section do not apply to conduct that is: 18
(1) performed to ensure compliance with a court order; 19
(2) performed to carry out a specific lawful commercial purpose; or 20
(3) authorized, required, or protected by local, State, or federal law. 21
(c) A person may not engage in stalking. 22
(d) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 23
SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 24
conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 25
or both. 26
(2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY 27
AND IS SUBJECT TO IM PRISONMENT NOT EXCEE DING 10 YEARS OR A FINE NOT 28
EXCEEDING $10,000 OR BOTH IF: 29
SENATE BILL 512 3
(I) THE PERSON HAD AN IN TERIM, TEMPORARY, OR FINAL 1
PROTECTIVE ORDER IN EFFECT AGAINST THE P ERSON AT THE TIME OF THE 2
OFFENSE IN WHICH THE VICTIM WAS THE PETITIONER; 3
(II) THE PERSON HAD A COURT ORDER IN EFFECT AGAINST THE 4
PERSON AT THE TIME OF THE OFFENSE PROHIBITING THE BEHAVIOR DESCRIBED IN 5
SUBSECTION (A) OF THIS SECTION INVOLVING THE VICTIM; 6
(III) THE PERSON HAS PREVIOUSLY BEEN CONVICTED ONCE OF A 7
VIOLATION OF THIS SECTION; OR 8
(IV) THE PERSON PREVIOUSLY HAS BEEN CONVICTED ONCE OF A 9
CRIME UNDER THE LAWS OF ANOTHER STATE THA T WOULD BE A CRIME U NDER 10
SUBSECTION (C) OF THIS SECTION IF COMMITTED IN THIS STATE. 11
(e) A sentence imposed under this section may be separate from and consecutive 12
to or concurrent with a sentence for any other crime based on the acts establishing a 13
violation of this section. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.