What Makes Repeated Behaviors Rise to the Level of Stalking?

 Posted on October 24, 2025 in Criminal Defense

Maryland’s stalking statute is unusually broad, often intersecting with related crimes like electronic surveillance, harassment, and violations of protective orders. Stalking is treated as a serious criminal offense in Maryland – one that can result in jail time and lasting damage to your reputation and record.

However, the law also recognizes that in today’s world of digital communication, misunderstandings, normal relationship conflicts, or unwanted digital contact do not always rise to the level of criminal behavior. Under Maryland Law (Section 3-802), stalking involves an intentional, repeated course of conduct that causes another person to fear serious bodily injury, sexual assault, or death.

This means that the difference between a felony-level offense and a lawful encounter can turn on intent and context. This makes it crucial to understand how the courts interpret "fear" and "repeated course of conduct." Having a highly skilled Harford, MD criminal defense attorney gives you the best chance for a positive outcome.  

What is the Difference Between Stalking and Harassment Under Maryland Law?

To prove stalking, the prosecutor must show a malicious course of conduct, repeatedly directed at a specific individual that would cause a reasonable person to fear serious bodily injury, sexual assault, or death. Stalking often occurs between two people who had a former relationship or results from a workplace dispute.  Harassment involves repeatedly and maliciously engaging in a course of conduct that seriously annoys or alarms another person.

The intent in harassment is to annoy another person, not cause that person to fear physical harm or death. The co-worker who knows another employee is afraid of spiders and begins showing up everywhere he or she is with fake spiders is exhibiting harassing behaviors. If that co-worker repeatedly places real poisonous spiders in the individual’s home or desk at work, this is stalking with the intent to harm.

Harassment is a misdemeanor offense, with a $500 fine and a maximum penalty of up to 90 days in jail for a first offense. Stalking is also a misdemeanor for a first offense, but the penalties include up to five years in prison and a fine of up to $5,000. Repeat stalking offenses or violations of protective orders can result in enhanced penalties.

What is "Course of Conduct" Concerning Stalking in Maryland?

Maryland requires at least two or more acts of stalking behaviors that show a pattern before the behavior rises to the level of criminal stalking. These behaviors can be physical and in-person, digital, or online. Some examples include:

• Repeatedly following another person home or watching them at home, work, or in public places
• Repeatedly showing up uninvited at another’s place of work, school, or home
• Damaging the property (home, car, or other property) of another person
• Threatening to harm another person, his or her pets, or family members 
• Repeatedly making harassing or threatening phone calls, texts, or emails to another person  
• Using social media or other types of GPS trackers to track and harass another person
• Repeatedly sending unwanted gifts, emails, letters, or messages to another person
• Spreading false rumors or posting personal information about another person

How are "Fear" and "Intent" Determined in Stalking Cases?

The "reasonable person" standard is used to determine whether behavior rises to the level of stalking. The jury will ask whether a reasonable person in the same circumstances would have feared serious harm. This determines whether fear was reasonable, under the circumstances. The defendant must act knowingly and maliciously for the behavior to rise to the level of stalking, which can require an evaluation of tone, timing, and escalation.

Contact a Northern Baltimore County, MD Stalking Lawyer

If you have been charged with stalking, it is essential that you seek early legal intervention. Your Harford County, MD criminal defense attorney from Baltimore Legal Services will work hard to challenge the elements of fear and intent, while using negotiating strategies to seek diversion, probation before judgment, or reduction of the charges to harassment. Our attorneys have helped more than 10,000 clients and are available 24/7. We charge a custom flat fee, and offer a free consultation by calling 858-523-8423.