CR 3-803: Harassment

Harassment is an example of an offense that is often improperly charged by civilians and police officers. It is unfortunately used in domestic situations to settle personal vendettas and at times used as a basis to attempt to violate peace and protective orders. Under Maryland Criminal Code section 3-803 the crime of harassment requires proof of a malicious course of conduct. This is the element that is often lacking in charging documents, but it does not seem to stop District Court Commissioners from issuing a summons or even an arrest warrant in domestic violence cases. A course of conduct is defined by the statute as a persistent pattern of conduct, composed of a series of acts over time, that shows a continuity of purpose. Establishing a course of conduct is only the first step in a harassment case, as the State must also prove the conduct was malicious and designed to harass, alarm or annoy another person. The State must also establish that the alleged victim made a reasonable request to stop the conduct in question. Finally, the State must prove that the conduct did not have a legal purpose such as lawful debt collection or a bona fide lawsuit.
These days most harassment cases take place via phone, email or social media. We do not see many cases where a defendant is accused of showing up to a person’s home or place of work. Harassment could be charged in cases where an alleged victim is receiving numerous anonymous calls from blocked or private numbers. If the State choses to prosecute a case like this, they must produce evidence that the blocked or private number was connected to the defendant. Other harassment cases are initiated by social media posts that are not sent directly to an alleged victim, but these cases are beatable in court. Repeated phone calls or text messages are the most common cause of harassment cases.
Stalking under Maryland Criminal Code section 3-802 is a related offense to harassment with a higher maximum penalty of up to 5 years in prison. Like harassment, stalking also requires the State to establish a course of conduct but there are additional elements that must be present in stalking cases. The State must establish the defendant pursued the alleged victim, and that the alleged victim was placed in reasonable fear of serious bodily harm, assault, rape or false imprisonment. Stalking can be in person or by electronic means.
The First Amendment protections against free speech are often the strongest defenses to a criminal harassment case under section 3-803 of the Maryland Criminal Code. There are defenses related to free speech built into the Maryland harassment statute including a line that states “this section does not apply to peaceable activity intended to express a political view or provide information to others”. This means that a person should be able to post on social media or elsewhere statements to defend their character or explain their actions without fear of criminal charges. We have seen numerous cases where alleged victims claim harassment based on social media posts that were not sent directly to an alleged victim. These type of conduct will likely be protected by the First Amendment and should not be the basis of a criminal prosecution.
Harassment carries up to 90 days in jail and a $500 fine for a first offense. Those with a prior conviction may face up to 6 months in jail for incurring a second offense. The repeat offender fine also jumps to $1,000.
Benjamin Herbst is an experienced Maryland harassment lawyer who has successfully defended hundreds of clients in domestic violence cases and disputes amongst neighbors, coworkers and friends. Do not walk into court expecting the State to follow the law and respect the right to freedom of speech and expression. Many times defendants are forced to fight for their right to express themselves without fear of criminal charges, and Benjamin is prepared to take on this fight for you.