Victims often WERE unaware that there were anti-stalking laws to protect them, and some were frightened that they would be left in even greater danger after law enforcement intervention.

The following words have the meanings.

  Peace orders are handled by the District Court commissioner in Maryland.

   (d) “Employee” includes: A volunteer or an independent contractor who performs services for an employer at the employer’s workplace.

    (e) “Employer” includes a person that acts directly or indirectly in the interest of another employer with an employee.

    (h)   The “Petitioner” is the individual or victim who files a petition.

    (i)    “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.

    (j)    The “Respondent” is the individual (stalker) alleged in a petition to have committed an act(s) specified in § 3–1503(a) of this subtitle against a petitioner or a petitioner’s employee.

A petitioner is not limited to or precluded from pursuing any other legal remedy.

1) A petitioner may seek relief by filing with the court, or with a commissioner. 

2) A petition that alleges the commission of any acts listed in the law, including stalking, against the petitioner, or against the petitioner’s employee at the employee’s workplace, if the act occurred within 30 days before the filing of the petition. 

3) A petition can be filed if the act(s) described above is alleged to have occurred in Maryland, or the petitioner or employee is a resident of Maryland,

    (i) regardless of where the offenses occurred. 

4) An address may be stricken from the petition during a proceeding, if requested by a petitioner, the commissioner or judge finds that the disclosure would be harmful. 

    (i) It will then be omitted from all other documents filed with the commissioner or transferred to a court. 

5) Employers should notify employees before filing a petition. 

6) An employer may not retaliate against an employee who does not provide information for, or testify at, a proceeding.

1) When the Office of the District Court Clerk is closed, a petition may be filed with a commissioner. 

2) An interim peace order: 

    a) Shall contain only the relief that is minimally necessary. 

    b) Violation of an interim peace order is a crime. 

        i) Law enforcement officer will arrest the respondent, with or without a warrant, if the officer has probable cause. 

    c) When a commissioner issues an interim peace order, the commissioner will: 

        i) Immediately forward a copy of the petition and interim peace order to the appropriate law enforcement agency for service on the respondent; and 

        ii) a law enforcement officer will: 

            (1) Immediately serve the respondent; and 

            (a) Immediately after service, inform the Office of the District Court Clerk. 

    d) Except as otherwise specified, an interim peace order is effective until the earlier of: 

        (i) The temporary peace order hearing; or 

        (ii) The end of the second business day following the issuance of an interim peace order.

1) If a judge finds that there are reasonable grounds to believe that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a), they may issue a temporary peace order to protect the petitioner or the petitioner’s employee. 

2) The order will contain only the relief minimally necessary for protection. 

3) A law enforcement officer will immediately serve the temporary peace order on the respondent. 

4) Except as otherwise stated, the temporary peace order will be effective for not more than 7 days after service of the order. 

5) The judge may extend the temporary peace order if needed, but not more than 30 days. 

6) Under certain conditions, the judge may proceed with a final peace order hearing instead of a temporary peace order hearing.

1) The temporary peace order states the date and time of the final peace order hearing. 

2) The final peace order hearing will be held no later than 7 days after the temporary peace order is served on the respondent, unless it has been continued for good cause. 

3) The temporary peace order will include notice to the respondent. 

4) If the judge finds by a preponderance of the evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) or if the respondent consents to the entry of a peace order, 

    a) the court may issue a final peace order to protect the petitioner or the petitioner’s employee. 

5. When both parties file a petition, the judge may issue mutual peace orders. 

6. If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary. 

7. A copy of the final peace order will be served on the petitioner, the petitioner’s employee, the respondent by the appropriate law enforcement agency. 

8. All relief granted in a final peace order will be effective for the period stated in the order, not to exceed 6 months.

 (a)    (1)    A peace order may be modified or rescinded during the term of the peace order after:

            (i)    Giving notice to the parties; and

            (ii)    Having a hearing.

        (2)    If good cause is shown, a judge may extend the term of the peace order for 6 months,:

        (3)    (i)    If, during the term of a final peace order, a petitioner files a motion to extend the term of the order, the court shall hold a hearing on the motion within 30 days after the motion is filed.

            (ii)    If the hearing on the motion is not held before the original expiration date of the final peace order, the order will be automatically extended and the terms of the order will remain in full force and effect until the hearing on the motion.

    (b)    (1)    If a District Court judge grants or denies relief under a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court.

        (3)    (i)    If an appeal is filed, the District Court judgment will remain in effect until a judgment is made by the circuit court.

            (ii)    Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.

  (a)    An interim peace order, temporary peace order, and final peace order issued under this subtitle shall state that a violation of the order may result in:

        (1)    Criminal prosecution; and

        (2)    Imprisonment or fine or both.

    (b)    A temporary peace order and final peace order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.

    (a)    An individual who fails to comply with the relief granted in an interim peace order, a temporary peace order, or a final peace order, is guilty of a misdemeanor and on conviction is subject to:

        (1)    For a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and

        (2)    For a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

    (c)    A law enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of an interim peace order, temporary peace order, or final peace order in effect at the time of the violation.

A person may not:

        (1)    (i) engage in vaginal intercourse with another by force, or threat or

            (ii) engage in a sexual act by force, or with threat of force, without consent; and

        (2)    (i)  employ or display a dangerous weapon,;

            (ii)  suffocate, strangle, disfigure, or injury on the victim or a third party course of committing the crime;

            (iii)  threaten, or place the victim in fear, that the victim, or third party, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;

            (iv) commit the crime while aided and abetted by another; or

            (v) commit the crime in connection with a burglary

 (a)    A person may not engage in vaginal intercourse or a sexual act with another:

        (1) by force, or the threat of force, without the consent;

        (2) including: substantially cognitively impaired individual, mentally incapacitated, or a physical helplessness, if the person performing the act knows or reasonably should known; or

        (3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.

(a)    A person may not:

        (1)    (i) engage in sexual contact without consent; and

            (ii)    1. employ or display a dangerous weapon;

                2.  suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

                3.  threaten, or place the victim in fear, that the victim, or a third party, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or

                4.    commit the crime while aided and abetted by another;

        (2)    engage in sexual contact with another if the victim is substantially cognitively impaired, a mentally incapacitated, or a physically helpless, and the person performing the act knows or reasonably should have known.

In this section, the following words are defined as indicated. 

1) “Person in a position of authority” means a person who: 

    a) is at least 21 years old and is paid or unpaid staff for a public or private preschool, elementary school, or secondary school; or 

    b) is at least 22 years old and is paid or unpaid for a program; and 

    c) exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program. 

    d) Includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school. 

2) “Program” means: 

    a) an individual, a business, a religious or faith–based institution, or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, recreational, spiritual, character–building, or supervisory services or activities for minors, 

    b) any unit of local, State, or federal government. 

3) A person may not engage in: 

    a) sexual contact with another without the consent of the other; 

4) a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact: 

    a) is a student enrolled at a school where the person in a position of authority works; or 

    b) is participating in a program where the person in a position of authority works; and 

    c) is at least 6 years younger than the person in a position of authority.

(a)Full Faith and Credit.—Any protection order (PPO) issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing jurisdiction,) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of the other jurisdiction, as if it were the order of the enforcing jurisdiction.

(b) Protection Order.—A PPO issued by a court is consistent with this subsection if—(1) such court has jurisdiction over the parties and matter under the law; and
(2) Notice and opportunity is given to the respondent, sufficient to protect their  right to due process. In ex parte cases, notice and opportunity to be heard must be provided within the time required by law.

(c) Cross or Counter Petition.—A PPO issued by a court against one who has petitioned, is not entitled to full faith and credit if—(1) no counter petition, was filed; or (2) the court did not make findings that each party was entitled to an order.

(d) Notification and Registration.—(1) Notification.—An enforcing jurisdiction, will not notify or require notification of the party against whom a PPO has been issued that the PPO has been registered or filed in that enforcing jurisdiction unless requested to do so by the party protected under such order.
(2) No prior registration or filing as prerequisite for enforcement.—Any PPO  that is otherwise consistent with this section shall be accorded full faith and credit,
(3) Limits on internet publication of registration information.—Jurisdictions will not make available publicly any information regarding the registration, petition, or issuance of a PPO, in either the issuing or enforcing jurisdiction. Jurisdictions may share court-generated and law enforcement-generated information contained in secure, governmental registries for enforcement purposes.

(e)Tribal Court Jurisdiction.—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce PPOs  involving any person.

a)Offenses.—

(1)Travel or conduct of offender.—A person who travels, with the intent to engage in conduct that violates the portion of a PPO that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, of that person, or that would violate such a portion of a PPO in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b).

(2) Causing travel of victim.—A person who causes another person to travel to another jurisdiction by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a PPO that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet of that person, or that would violate such a portion of a PPO in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).

(1) travels to (enters or leaves) another jurisdiction with the intent to kill, injure, harass, intimidate, or place under surveillance (or a third party person) and in the course of, or as a result of, such travel or presence engages in conduct that

(A) places that person in reasonable fear of the death of, or serious bodily injury to

(i) that person; (ii) an immediate family member; (iii)a spouse or partner; or (iv) their pet; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in subparagraph (A); or

(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with  (or a third party), uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct

(a) In General.— If the victim of an offense under section 2261A is under the age of 18 years, the maximum imprisonment for the offense is 5 years greater than the maximum term of imprisonment otherwise provided for that offense in section 2261.

(b) Limitation.—Subsection (a) shall not apply to a person who violates section 2261A if—(1) the person is subject to a sentence under section 2261(b)(5); and
(2)(A) the person is under the age of 18 at the time the offense occurred; or
(B) the victim of the offense is not less than 15 nor more than 17 years of age and not more than 3 years younger than the person who committed the offense at the time the offense occurred.

Any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to abuse, threaten, or harass another.

Makes or causes the phone to repeatedly or continuously ring, with intent to harass.

Makes repeated calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass.

Transmits interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure.

Knowingly deposits in any post office or authorized depository for mail, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service, any communication, with or without a name or designating mark, addressed to any other person, and containing, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another.

Knowingly deposits in any post office or authorized depository for mail of any foreign country any communication addressed to any person within the United States, for the purpose of having such communication delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to such addressee in the United States, and as a result thereof such communication is delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to the address to which it is directed in the United States, and containing any demand or request containing any threat to kidnap any person or any threat to injure the person of the addressee or of another.

(a)Offenses.—

(1)Travel or conduct of offender.—A person who travels (or enters or leaves) to another jurisdiction with the intent to kill, injure, harass, or intimidate a spouse, or partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, or partner, shall be punished.

(2)Causing travel of victim.—A person who causes a spouse, partner, to travel to another jurisdiction and who, in the course commits or attempts to commit a crime of violence against that partner, shall be punished.

(a)Maximum Term of Imprisonment.—The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.

(b)Definition. (1)the term “prior domestic violence or stalking offense” means a conviction for an offense—(A)under section 2261, 2261A, or 2262 of this chapter; or
(B) under State or Tribal law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce;

It is unlawful for anyone to sell or dispose of any fire arm or ammunition to any person knowing or having reasonable cause to believe that they, including as a juvenile—

(8) subject to a court order that restrains such person from harassing, stalking, or threatening a partner of such person or child of such partner or person, or engaging in other conduct that would place a partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—

(A) was issued after a hearing and afforded due process; and

(B)(i) a finding of a credible threat to the physical safety of the  partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such partner or child that would reasonably be expected to cause bodily injury;

It is unlawful for any person—

(1) convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) a fugitive from justice;

(3) an unlawful user of or addicted to any controlled substance 

(4) adjudicated as a mental defective or committed to a mental institution;
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such partner or child that would reasonably be expected to cause bodily injury; or

(9) has been convicted in any court of a misdemeanor crime of domestic violence;