Stalking bills in Annapolis seek to expand definition, penalties
Jan. 22—Two bills up for consideration in Annapolis this legislative session seek to modernize the definition of stalking and increase penalties for repeat offenders.
Advocating for the passage of House Bills 110 and 148 during Stalking Awareness Month this January will be Chief Assistant State's Attorney Brett Engler, head of the new Domestic Violence Unit within the Frederick County State's Attorney's Office.
"Stalking puts someone in fear that they're going to die," Engler said in an interview Thursday.
Currently, a person convicted of stalking faces up to five years of incarceration and/or a $5,000 fine. A person could be convicted of stalking multiple times and still face the same penalty, Engler said, and stalking is only considered a misdemeanor.
However, if HB 110 were to become law, a person convicted of a subsequent stalking offense would see the charge upped to a felony and face up to 10 years of incarceration and/or a $10,000 fine. The harsher penalty would also apply to situations in which the victim had a protective order against the offender at the time of the stalking offense and take into account out-of-state stalking convictions. The Maryland State's Attorneys' Association helped draft the bill.
HB 148, meanwhile, would broaden the definition of stalking to make it more modern by taking into account the ways a person can be stalked electronically. House of Ruth, a nonprofit that supports survivors of domestic violence, took part in drafting the bill.
Stalking is more than ducking behind bushes and hiding in the shadows, Engler said. She believes the legal definition of stalking should take technology into account, like trackers placed on vehicles, spyware installed on a smart phone and Apple AirTags. The AirTag is marketed by Apple as a device that can be attached to often-misplaced items like keys.
"We have certainly had situations where the state is not able to prove stalking because of how narrowly stalking is defined," Engler said.
Next week, she will offer virtual testimony to leaders in Annapolis to advocate for these changes. It's not uncommon for state's attorneys to voice their opinion in Annapolis. State's Attorney Charlie Smith, Chief Counsel Joyce King and Assistant State's Attorney Lindsey Carpenter of Frederick County have also been scheduled to speak on crime bills.
"I think it's strong legislation," Engler said of the stalking bills. "It'll take us more in line with other states."
Part of her passion for pushing these bills forward is driven by the link between stalking and violence.
According to the Stalking Prevention, Awareness and Resource Center: 81 percent of women who were stalked by a current or former husband or cohabitating partner were also physically assaulted by that partner; 31 percent of women stalked by an intimate partner were also sexually assaulted; and nearly 1 in 6 women and 1 in 17 men have experienced stalking victimization at some point in their lifetime.
Meaghan Tarquinio, a licensed master social worker in the forensics department at Frederick Health, sees firsthand how intimate partner violence and stalking are connected.
"Many patients report being stalked for months or even years after they have left their abusive partner," Tarquinio wrote in an email Friday. "Stalking is an intimidation tactic that reminds the victim they will never be fully free of the violence they have experienced and gives an avenue to abusive individuals to continue to terrorize their partners with little to no consequences."
Stalking can be difficult to prove, according to Tarquinio, and she's heard survivors concerned over reporting to authorities for fear of putting themselves in more danger.
"It is so important that the public understands that these behaviors are indicators of a very dangerous person and can escalate over time," Tarquinio said.
Follow Mary Grace Keller on Twitter: @MaryGraceKeller
