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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.


Schell and Lanteigne, 2000, p. 154

Not legal advice, "Just Tips."

Just Stalking: Legal Resource Guide

Provided is a list of relevant laws and their summaries to find what may apply to your case or situation. We are unable at this time to provide legal advice. However, we have provided links to state laws. We will regularly be updating information and hope to provide more resources, which may provide more assistance.

See: MD Victims' Rights

Relevant Maryland laws

Stalking § 3-802

Misuse of telephone facilities and equipment § 3-804
Harassment §3–803

Stalking is a malicious course of conduct including, approaching or pursuing another. The person intends to, or should have known, the conduct would have caused another reasonable fear of (a) bodily injury, (b) assault, (c) sexual assault, (d) false imprisonment, or (e) death, and that another will likely suffer from an act listed (a-e). Stalking requires that the person intends to cause, or reasonably should have known, the conduct would cause serious emotional distress to another. Stalking includes conduct described in section 1 (a-e) in person, by electronic communications, through the use of devices that can track another's location, and without knowledge or consent.

§3–802.

Harassment §3–803

Misuse of telephone facilities and equipment § 3-804
Harassment §3–803

Harassment and stalking are often used interchangeably, and their levels of "severity" are often misunderstood. According to MD law, harassment is the following of another in a public place and engaging in a course of conduct that intentionally alarms or annoys another, after receiving a reasonable warning to stop by the target or by another.

§3–803.

Misuse of telephone facilities and equipment § 3-804

Misuse of telephone facilities and equipment § 3-804
Misuse of telephone facilities and equipment § 3-804

A person may not use a telephone to anonymously call another to annoy, abuse, torment, harass, or embarrass another. They may not make repeated calls. Nor can they comment, request, or suggest lewd or lascivious use of the phone. 

§3–804.

Criminal visual surveillance §§ 3-901, 3-902, 3-903

Trespass § 6-408. Entry on property for purpose of invading privacy of occupants
Misuse of telephone facilities and equipment § 3-804

A person may not conduct, or procure another, to conduct visual surveillance of another person in a private place without the consent of that individual. Further, they may not surveil with sexual intent, nor may they use cameras or technology equipment to aid them in surveilling or recording.

Surveillance and Other Crimes Against Privacy

Trespassing §6–402

Trespass § 6-408. Entry on property for purpose of invading privacy of occupants
Trespass § 6-408. Entry on property for purpose of invading privacy of occupants

A person may not enter in or on  property that is posted against trespassing where signs are placed that can reasonably be seen.

§6–402.

Trespass § 6-408. Entry on property for purpose of invading privacy of occupants

Trespass § 6-408. Entry on property for purpose of invading privacy of occupants
Trespass § 6-408. Entry on property for purpose of invading privacy of occupants

A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.

Link: §6–408.

Malicious destruction - Generally. § 6-301.

Rights of Crime Victim or Victim's Representative Law: Md. Code, Criminal Procedure § 11-104
Disturbing the Public Peace and Disorderly Conduct MD. Criminal Law Code § 10-201 (2022)

A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.

Link: §6–301.

Disturbing the Public Peace and Disorderly Conduct MD. Criminal Law Code § 10-201 (2022)

Rights of Crime Victim or Victim's Representative Law: Md. Code, Criminal Procedure § 11-104
Disturbing the Public Peace and Disorderly Conduct MD. Criminal Law Code § 10-201 (2022)

"Public" does not need to devoted solely to public use.
 (c)  (1) A person cannot obstruct the free passage of another in a public place or on a public conveyance. (2)  A person may not willfully act in a disorderly manner that disturbs the public peace. (3) A person may not disobey an officer's directions to prevent a disturbance. (4) A person who enters the premises of another, (an owner or lessee) or adjacent property, may not: (i) disturb the peace of persons premises, or by making an unreasonably loud noise; or (ii) act in a disorderly manner.

Link: §10–201.

Rights of Crime Victim or Victim's Representative Law: Md. Code, Criminal Procedure § 11-104

Rights of Crime Victim or Victim's Representative Law: Md. Code, Criminal Procedure § 11-104
Rights of Crime Victim or Victim's Representative Law: Md. Code, Criminal Procedure § 11-104

 “Victim” means a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.

Link: §11–104.

Misuse of electronic mail § 3-805.

Misuse of electronic mail § 3-805.
Rights of Crime Victim or Victim's Representative Law: Md. Code, Criminal Procedure § 11-104

A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

            (i)    with the intent to harass, alarm, or annoy the other;

            (ii)    after receiving a reasonable warning or request to stop by or on behalf of the other; and

            (iii)    without a legal purpose.

Link: § 3-805.

Revenge porn prohibited § 3-809.

Misuse of electronic mail § 3-805.
Revenge porn prohibited § 3-809.

 A person may not knowingly distribute a visual representation of another identifiable person that displays their intimate parts exposed or while engaged in sexual activity:

        (1) with the intent to harm, harass, intimidate, threaten, or coerce;

        (2) (i) when they knew the other person did not consent to the distribution; or

            (ii) with reckless disregard as to whether the person consented to the distribution; and

        (3) under circumstances in which the other person had a reasonable expectation that the image would remain private.

Link: §3–809.

Stalking Penalty Enhancements

If the offender is found guilty and the victim had an active court order against the stalker including a protective order or they were previously convicted of stalking in MD or in another state, this would be a felony and the penalty  is possible imprisonment for up to 10 years or a fine of no more than $10,000 or both

Link: Stalking penalties

SUBTITLE 3. "Fear" of "Sexual Crimes"

§ 3-303. Rape in the first degree

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

Link: § 3-303. Rape in the first degree

§ 3-304. Rape in the second degree

 (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.

Link: § 3-304. Rape in the second degree

§ 3-307. Sexual offense in the third degree

(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.

Link: § 3-307. Sexual offense in the third degree

§ 3-308. Sexual offense in the fourth degree

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.

Link: § 3-308. Sexual offense in the fourth degree

False Imprisonment in Maryland

False Imprisonment

False imprisonment is generally defined in Maryland Law as unlawfully detaining another person against their will. The  exact definition not available because it is considered a "common law offense."  It is a misdemeanor with no specific maximum or minimum penalty, is only limited by the Eight Amendment’s prohibition against cruel and unusual punishment. False imprisonment is a level 5 offense on the sentencing guidelines table, meaning it is treated similarly to second-degree assault (The Herbst Firm, 2024). 


There are four main elements that the state has to satisfy, (1) establish that the defendant confined (aka detained) the victim. (2) The state then has to establish that the confinement was against the victim’s will. (3) The state must prove the confinement was accomplished by force, the threat of force or deception. It is not be necessary for the state to prove the defendant actually made a specific threat to do harm, a victim can testify that they were in fear based on the totality of the circumstances. (4) The state must prove that there was no justification for the confinement. These elements must be proven beyond a reasonable doubt.


False imprisonment can be understood as a lesser offense of kidnapping, that does not include asportation (removing or carrying away property or a person).  


These cases are often rest heavily on the testimony of the victim, since there is minimal physical evidence. 

I didn't know stalking was defined differently from partner violence. I thought stalking was just following and watching you.


Logan, et al., 2006, p. 272

Federal laws

18 U.S. Code § 2265 - Full faith and credit given to protection orders

(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.

Link: 18 U.S. Code § 2265

18 U.S. Code § 2262 - Interstate violation of protection order

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).

Link: 18 U.S. Code § 2262

18 U.S. Code § 2261A - Stalking

(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

Link: 18 U.S. Code § 2261A

18 U.S. Code § 2261B - Enhanced penalty for stalkers of children

(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.

Link: 18 U.S. Code § 2261B

47 U.S. Code § 223 - Obscene or harassing calls in D.C. in interstate or foreign communications

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.

link: 47 U.S. Code § 223

18 U.S. Code § 875 - Interstate communications

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

Link: 18 U.S. Code § 875

18 U.S. Code § 876 - Mailing threatening communications

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.

Link: 18 U.S. Code § 876

18 U.S. Code § 877 - Mailing threatening communications from foreign country

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.

Link: 18 U.S. Code § 877

18 U.S. Code § 2261 - Interstate domestic violence

(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.

Link: 18 U.S. Code § 2261

18 U.S. Code § 2265A - Repeat offenders

(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;

Link: 18 U.S. Code § 2265A

18 U.S. Code § 922 - Unlawful acts

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;

Link: 18 U.S. Code § 922

Relevant Legal Resources

Find additional laws, articles, & legal materials
VISUAL SURVEILLANCE: MD. CRIMINAL LAW CODE § 3-901 (2022)SURVEILLANCE W/ PRURIENT INTENT: MD. CRIMINAL § 3-902 (2022)CAMERA SURVEILLANCE: MD. CRIMINAL LAW CODE § 3-903 (2022)Tarasoff v. Regents of Univ. of Cal.Law (2019). The VAWA was signed 25 years ago. Here's How the Law Changed American Culture.link: Defamation Law in MarylandBriefing Room: (2022) Fact Sheet: Reauthorization of the VAWA2011 US Code: Title 42:The Public Health & Welfare:Chapter 136-VIOLENT CRIME CONTROL (§§ 13701 - 14223):Subchapter III:VAWA (§§ 13925-14045d) Part F - National Stalker and Domestic Violence Reduction (§§ 14031-14040)Link: Report a crimelink: Maryland Negligence Laws
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Disclaimer: We are NOT a legal, mental health, medical, victims' advocate provider(s). We are NOT certified educators, financial experts, security specialists, or self-defense experts. While some of our staff may have training, background, or experience in legal, mental health, medical, victims' advocacy, education, financial, security, or self-defense fields pertaining to Maryland, none of our staff is currently, licensed, or certified specialists in the aforementioned fields. WE ARE NOT PROVIDING ADVICE, IN SUCH FIELDS. OUR GOAL IS TO DIRECT VICTIMS TO APPLICABLE PROVIDERS, PROVIDE FEEDBACK BASED ON PERSONAL EXPERIENCES, USING RELEVANT EVIDENCE-BASED RESEARCH & PRACTICES. WE WILL DO OUR BEST TO PROVIDE RESOURCES FOR ALL AFOREMENTIONED TIPS. IF YOU ARE IN DISTRESS PLEASE CALL 911.

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