How Do I Defend Against Accusations of Cyberstalking?

 Posted on October 09, 2026 in Criminal Defense

Cyberstalking accusations in Maryland can lead to criminal charges, a protective order, or both. Maryland handles online stalking under two different statutes. Which one applies affects the possible penalties.

If you’ve been accused of cyberstalking in 2026, a Harford County, MD criminal defense attorney can review the evidence and explain how the charge might be challenged.

What Counts as Cyberstalking Under Maryland Law?

Maryland’s stalking law defines stalking as a malicious course of conduct that someone carries out in person, by electronic communication, or with a location-tracking device (Maryland Criminal Law Section 3-802). The conduct must be meant to make someone reasonably fear certain crimes, or to cause them serious emotional distress. A person can also be charged if they knew or reasonably should have known their conduct would cause that fear or distress.

A conviction can bring up to five years in prison, a $5,000 fine, or both. As of October 1, 2026, stalking can also be a felony carrying up to 10 years in prison and a $10,000 fine. This applies when certain court orders are in effect, or the accused has a prior stalking conviction.

Maryland Law Covered the Use of Electronic Communication for Stalking

Maryland Criminal Law Section 3-805 covers a malicious course of conduct through electronic communication that alarms or seriously annoys someone. The person accused must have intended to harass, alarm, or annoy. The conduct also must have continued after a reasonable warning or request to stop, and it must have had no legal purpose.

A conviction can carry up to three years in prison, a $10,000 fine, or both. The law also covers certain harmful online conduct involving minors, with different requirements. A violation intended to cause a minor to commit suicide can carry up to 10 years in prison.

Prosecutors may charge one of these laws or both, depending on what the messages say and how often they were sent.

What Does the Prosecution Have to Prove in a Maryland Cyberstalking Case?

Stalking requires a pattern of conduct over time. Electronic harassment usually requires repeated conduct, but certain offenses involving minors can involve a single significant act. A single message, such as a threat, may still be a crime under another law, but it may not meet the definition of stalking or electronic harassment.

For stalking, the state must prove that you intended to cause fear or serious emotional distress, or knew or reasonably should have known your actions would have that effect. For electronic harassment involving repeated unwanted contact, prosecutors must prove that you intended to harass, alarm, or annoy someone and continued after a reasonable warning or request to stop. A warning is not required for stalking or every offense involving minors.

What Defenses Can Be Used in a Cyberstalking Charge in Maryland?

Which defense fits depends on what the evidence shows and how it was collected. Common defenses include:

• Someone else sent the messages, such as through a fake account, a shared device, or a hacked login.
• The contact was a single incident or a few unrelated messages, not a course of conduct, unless a law covering a single act against a minor applies.
• For a charge that requires a warning, you did not receive one before the alleged contact continued.
• The messages had a legal purpose, such as arranging custody exchanges or settling a debt.
• The messages were edited or taken out of context in screenshots.

Digital evidence is susceptible to editing to make it tell a certain story. Screenshots of conversations can leave out important details and context, and accounts can be misused by others to make it look like someone else sent the messages.

Your attorney may ask for platform records, IP data, or device forensics to test who actually sent the messages.

What Should You Do if Someone Accuses You of Cyberstalking?

Stop all contact with the person accusing you, including through friends, family, or new accounts. Even a message meant to clear things up may be used as more evidence in your case. If a protective order is in place, contact with the other person will likely result in a separate charge.

Don’t delete your messages, posts, or accounts. Deleting them may look like you’re hiding evidence, and it can erase important evidence supporting your case. Save copies of full conversations, especially ones the other person initiated.

If you are served with a protective order petition, read it closely and note the hearing date. This hearing is separate from the criminal case, but what you say there may come up in the criminal case later.

Avoid posting about the accusation online. Don’t talk to the police about the case until you’ve spoken with a lawyer.

Call a Northern Baltimore County, MD Stalking Defense Attorney Today

Cyberstalking is a serious charge, but there may be strong defenses available in your case. An attorney can help you keep what you say after being charged from damaging your case and help you collect needed evidence.

Our Harford County, MD criminal defense lawyer has more than 15 years of experience and has helped over 10,000 clients. We offer custom flat fees and are available 24/7.

Call Baltimore Legal Services at 858-523-8423 for a free consultation.