SB 512 revises Maryland’s stalking law by increasing penalties in specified aggravating circumstances. Under current law, stalking is generally a misdemeanor punishable by up to 5 years in prison and/or a $5,000 fine. The bill creates a felony offense punishable by up to 10 years in prison and/or a $10,000 fine when the offender had an interim, temporary, or final protective order in effect, had a court order prohibiting the conduct, had a prior stalking conviction, or had a prior out-of-state conviction for conduct that would qualify as stalking in Maryland.
The bill also retains the existing definition of stalking, including conduct carried out in person, by electronic communication, or through a tracking device, and it preserves existing exceptions for conduct done to comply with a court order, carry out a lawful commercial purpose, or act under local, state, or federal law. The act takes effect October 1, 2026.
Impact
SB 512 amends Article 3, § 3-802 of the Maryland Criminal Law Article by adding a felony penalty tier for stalking in aggravating circumstances while leaving the underlying offense definition intact. It increases potential incarceration and fines for repeat offenders and for conduct occurring despite protective or other court orders, and it allows sentences to run consecutively or concurrently with other related crimes. The bill primarily affects criminal defendants, victims seeking protection, prosecutors, and courts handling stalking and protective-order violations.
Sentiment
The available legislative history suggests strong support for the bill. It received favorable committee action and passed both chambers unanimously on third reading, with 45 yeas to 0 nays in the Senate and 129 yeas to 0 nays in the House. No committee transcript opposition is provided, and the voting record indicates broad bipartisan agreement that tougher penalties for stalking in these circumstances were warranted.
Contention
No specific objections are documented in the provided materials. The main policy choice reflected in the bill is whether stalking should remain a misdemeanor in most cases while becoming a felony when there is a protective order, a prior conviction, or similar aggravating factors. Any potential concern would likely center on proportionality of punishment and how the new felony tier interacts with existing protective-order enforcement, but no recorded debate or dissent is included here.