CR 3-802: Stalking

Maryland law defines stalking as Stalking as a malicious course of conduct that includes approaching or pursuing another. In addition to the act or acts of pursuing or following another person the State is also required to prove additional aggravating factors. These factors include placing the alleged victim in reasonable fear of serious bodily injury or death, assault in any degree, rape or sexual offense or false imprisonment. The statute covers threats made to a third party as well, which means a defendant could theoretically face multiple counts of stalking the same person if friends or family of the victim were also contacted. Stalking under CR 3-802 does not have to take place in person, as the statute covers electronic communications and the use of tracking devices without the victim’s consent.
Installing a tracking program on a person’s cellphone without their permission could likely qualify as stalking if the device was capable of pinpointing the victim’s location. The State would still have to prove the conduct reasonably placed the victim in fear, but if an unauthorized tracking device was discovered and attributed to the defendant the State would have the upper hand in proving fear. Another example of stalking would be repeatedly showing up at a person’s home or place of work. Doorbell cameras and parking lot cameras are often used to prove these cases by identifying the vehicle used, though the State would still have to prove the defendant was inside the vehicle.
Telephone misuse under Maryland Criminal Code section 3-804 is a related offense with less severe consequences upon conviction. Telephone misuse cases can often have numerous counts, which can make the 3-year maximum penalty much higher if the counts are consecutive. Harassment under Maryland Criminal Code 3-803 is another related offense that is often charged with stalking and/or telephone misuse. We have seen numerous cases where defendants are charged with all three of these offenses.
While the charges for stalking are serious, the State must prove the defendant is the person engaging in the conduct. It will not be enough for the alleged victim to simply have suspicions that the defendant is the culprit. Therefore, identity is a strong defense in stalking cases, as just having a motive to commit a crime does not satisfy proof beyond a reasonable doubt. It would also be a strong defense to argue that the alleged victim was not placed in reasonable fear of being harmed, but this defense is better suited for a jury trial.
Stalking carries up to 5 years in prison and a $5,000 fine upon conviction, so it is a serious misdemeanor offense. Maryland law states that a stalking sentence can run consecutive to a sentence for any act or acts that establish the stalking such as telephone misuse or harassment.
Prosecutors and judges take stalking cases seriously and often will place strict pre-trial release conditions upon a defendant or even hold a defendant without bail. Benjamin Herbst is a Maryland domestic violence lawyer who specializes in stalking, telephone misuse and harassment charges. He is available 7 days a week to discuss the defenses that may be available in your case. Contact Benjamin on his work cell phone anytime at 410-207-2598.