(a) In this section:
(1) “stalking” means a malicious course of conduct that includes approaching or pursuing another where:
(i) the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
1. A. of serious bodily injury;
B. of an assault in any degree;
C. of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree;
D. of false imprisonment; or
E. of death; or
2. that a third person likely will suffer any of the acts listed in item 1 of this item; or
(ii) the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and
(2) “stalking” includes conduct described in item (1) of this subsection that occurs:
(i) in person;
(ii) by electronic communication, as defined in § 3–805 of this subtitle; or
(iii) through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.
(b) The provisions of this section do not apply to conduct that is:
(1) performed to ensure compliance with a court order;
(2) performed to carry out a specific lawful commercial purpose; or
(3) authorized, required, or protected by local, State, or federal law.
(c) A person may not engage in stalking.
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.