Maryland Harassment Definition: Elements, Penalties, and Orders

Maryland harassment laws, set out in Section 3-803 of the Criminal Law Article, make it a misdemeanor to follow someone in public, conduct visual surveillance of their home, or engage in a malicious course of conduct that alarms or seriously annoys them. A first offense carries up to 90 days in jail and a $500 fine, but a conviction is not automatic: the state has to prove specific intent, that the accused kept going after being told to stop, and that the conduct served no legal purpose.¹

What Counts as Harassment

Section 3-803 prohibits three categories of conduct. A person may not follow another in or about a public place, conduct visual surveillance of an area of another person’s residence where that person has a reasonable expectation of privacy, or maliciously engage in a course of conduct that alarms or seriously annoys someone else.¹ For the surveillance provision, “residence” reaches beyond the house itself to include the yard, grounds, outbuildings, and common areas around it.

All three categories carry the same three requirements the prosecution must prove.

The accused must have acted with intent to harass, alarm, or annoy. Accidental or incidental contact will not do. The conduct must have continued after the target, or someone acting on their behalf, gave a reasonable warning or request to stop. And the conduct must have been without a legal purpose. Actions that serve a legitimate purpose fall outside the statute even when the recipient finds them unwelcome.

The phrase “course of conduct” carries weight. Maryland defines it as a persistent pattern of conduct composed of a series of acts over time that shows a continuity of purpose.¹ One rude text or a single angry phone call will not meet that standard. The state needs repeated acts that, taken together, show a deliberate campaign of unwanted contact.

Penalties

The punishment depends on which statute applies and whether the accused has prior convictions.

Harassment under Section 3-803, first offense: up to 90 days in jail and/or a fine of up to $500.
Harassment under Section 3-803, second or subsequent offense: up to 180 days in jail and/or a fine of up to $1,000.¹
Electronic harassment under Section 3-805: up to one year in jail and/or a fine of up to $500.²
Stalking under Section 3-802: up to five years in prison and/or a fine of up to $5,000.³

The repeat-offense enhancement matters. A second harassment charge that seems minor doubles the available jail time and doubles the fine, which catches people off guard when they assume the consequences will stay trivial.

A conviction also creates a record that shows up on background checks, which can affect employment, rental applications, and professional licensing in fields like healthcare, education, law, and finance. Maryland does allow expungement of certain harassment convictions. Under Section 10-110 of the Criminal Procedure Article, a person may petition for expungement no earlier than five years after completing their sentence.⁴ The petition is not automatic. If someone objects, the court weighs the nature of the offense, the person’s character and rehabilitation, whether they pose a risk to public safety, and whether expungement serves the interest of justice. A new conviction during the five-year waiting period makes the original conviction ineligible.

When It Becomes Stalking

When harassment involves threats of violence or causes genuine fear, prosecutors often charge under Section 3-802 instead. Stalking requires a malicious course of conduct that includes approaching or pursuing another person, where the accused either intends to place the target in reasonable fear of serious bodily injury, assault, a sexual offense, false imprisonment, or death, or intends to cause serious emotional distress.³ Conduct aimed at making a third party fear for the target’s safety is also covered.

Unlike Section 3-803, stalking does not require that the target first warn the accused to stop. The statute expressly covers electronic communication and the use of tracking devices to monitor someone’s location without their knowledge or consent. A stalking sentence can run consecutively with sentences for any other crimes arising from the same conduct, so a person who stalks and assaults could face stacked prison terms.

Harassment by Text, Email, or Social Media

Section 3-805 addresses harassment carried out through electronic communication, including email, text messages, social media, and interactive computer services. The elements track the general harassment statute: a malicious course of conduct through electronic communication that alarms or seriously annoys another person, with intent to harass, alarm, or annoy, after a reasonable warning to stop, and without a legal purpose.⁵

The statute includes a separate provision aimed at cyberbullying of minors. It criminalizes electronic communication that is part of a series of communications intended to intimidate or harass a minor and that causes or is intended to cause physical injury or serious emotional distress.⁵ These cases often turn on preserved digital evidence: screenshots, message logs, and metadata that establish a pattern over time.

Defenses Built Into the Statute

The structure of Section 3-803 creates several defenses on its face, and defense attorneys look at each element for gaps.

No warning was ever given. Because the statute requires a reasonable request to stop before conduct becomes criminal, the absence of any such warning is a complete defense. If the target never told the accused to stop and nobody made that request on their behalf, the state cannot meet its burden on this element.

The conduct had a legal purpose. This requirement protects people engaged in legitimate activities. A debt collector making lawful collection calls, a journalist seeking comment on a story, or a neighbor raising a genuine property-boundary dispute may have an arguable legal purpose even when the other party finds the contact unwelcome.

Lack of intent. Section 3-803 requires specific intent to harass, alarm, or annoy. If the accused can show contact was motivated by a different purpose, such as a genuine belief they were resolving a shared problem, that negates the intent element.

Political or expressive activity. The statute expressly carves out peaceable activity intended to express a political view or provide information to others.¹ Picketing, canvassing, and public advocacy are protected even when the target finds them irritating. A broader constitutional savings clause bars any construction of the statute that would infringe rights guaranteed by the U.S. Constitution or the Maryland Declaration of Rights. Speech on matters of public concern, criticism of public officials, and commentary on community issues receive the strongest protection.

Getting a Court Order to Make It Stop

Maryland has two separate systems for court orders that restrict someone’s contact with you, and the relationship between you and the other person decides which one applies. You cannot choose freely between them.

Protective Orders

Protective orders apply when the person harassing you is a family member, someone with whom you have an intimate relationship, or a person who sexually assaulted you. They are governed by the Family Law Article, Title 4, Subtitle 5. A court can issue an interim protective order for immediate protection, then a temporary order lasting about two days, and ultimately a final order after a full hearing.⁶ Available relief includes orders to stay away from your home, workplace, and school, along with no-contact provisions.

Peace Orders

Peace orders cover every other relationship: neighbors, coworkers, strangers, acquaintances. If your situation qualifies for a protective order, you may not seek a peace order instead. An interim peace order issued by a court commissioner can require the respondent to stop the harassing conduct, avoid contacting you, and stay away from your residence, workplace, or school.⁷ An interim peace order lasts until the temporary hearing, which must occur within two business days. A temporary peace order lasts seven days unless extended. A final peace order can last up to six months and may be extended for another six months.

There is generally no filing fee for a peace order or protective order related to harassment. Process service fees may apply if you use a private process server, though the sheriff’s office often handles service at no cost to the petitioner.

Penalties for Violating an Order

Violating either type of order is a separate crime. A first violation carries up to a $1,000 fine and/or 90 days in jail. A second or subsequent violation jumps to a $2,500 fine and/or up to one year in jail.⁸⁹ A prior conviction for violating one type of order counts toward the repeat-offender enhancement for the other, so violating a peace order and later violating a protective order triggers second-offense penalties.

When Federal Law Takes Over

Federal law can apply when the conduct crosses state lines or uses interstate communication systems. Under 18 U.S.C. Section 2261A, it is a federal crime to use the mail, the internet, or any other facility of interstate commerce to engage in a course of conduct that places another person in reasonable fear of death or serious bodily injury, or that causes or would be expected to cause substantial emotional distress.¹⁰

Federal penalties run well past Maryland’s misdemeanor framework. A conviction under Section 2261A carries up to five years in federal prison in a standard case, up to ten years if serious bodily injury results, and up to life imprisonment if the victim dies.¹¹ If the stalking violates an existing protective order, the minimum sentence is one year. Federal prosecutors typically get involved when conduct crosses state lines, involves sophisticated online harassment campaigns, or targets victims across multiple jurisdictions.

One boundary worth naming: workplace harassment based on race, sex, religion, disability, or another protected characteristic sits under a different body of law entirely, primarily Title VII of the Civil Rights Act and its Maryland counterpart, and it runs through the EEOC rather than the criminal statutes discussed here.¹²

1
Maryland General Assembly. Maryland Code Criminal Law 3-803
2
Justia. Maryland Code Criminal Law 3-805 – Misuse of Electronic Mail
3
Maryland General Assembly. Maryland Code Criminal Law 3-802
4
Maryland General Assembly. Maryland Code Criminal Procedure 10-110
5
Maryland General Assembly. Maryland Code Criminal Law 3-805 – Misuse of Electronic Communication or Interactive Computer Service
6
The Maryland People’s Law Library. Protective Orders
7
Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 3-1503.1
8
Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 3-1508
9
Maryland General Assembly. Maryland Family Law Code 4-509 – Penalties
10
Office of the Law Revision Counsel. 18 USC 2261A – Stalking
11
Office of the Law Revision Counsel. 18 USC 2261 – Interstate Domestic Violence
12
U.S. Equal Employment Opportunity Commission. Harassment