HOUSE BILL 181
E1

9lr1251
CF SB 103

By: Delegates Cardin, Atterbeary, Attar, Boyce, Bromwell, Brooks, Ebersole,
Guyton, Hettleman, Ivey, Jalisi, Jones, Kerr, Kipke, Krebs, Malone,
McComas, McKay, Patterson, Rosenberg, Stein, Terrasa, Valderrama, and
C. Watson C. Watson, Kittleman, Arikan, Bartlett, Cox, W. Fisher, Grammer,
Hartman, Lopez, Pippy, Shetty, and R. Watson
Introduced and read first time: January 23, 2019
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2019
CHAPTER ______
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AN ACT concerning

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Criminal Law – Electronic Harassment and Bullying
(Grace’s Law 2.0)

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FOR the purpose of altering prohibited actions relating to electronic harassment of minors;
prohibiting a person from maliciously engaging in an electronic communication
under certain circumstances if the electronic communication, as part of a series of
communications, has a certain effect and the person engaging in the electronic
communication acts with a certain intent; prohibiting a person with a certain intent
from using an electronic communication to maliciously engage in a certain act under
certain circumstances or in a course of conduct that, when considered in its entirety,
has a certain result effect; prohibiting a person from using a computer or a computer
network to engage in certain activity with the intent to intimidate, torment, or
harass a minor; prohibiting a person from engaging in certain activity with the intent
to intimidate, torment, or harass a minor or the parent or guardian of a minor;
prohibiting a person from engaging in certain electronic conduct with a certain intent
if the act of electronic conduct has a certain effect; prohibiting a person from violating
this Act with the intent to induce a minor to commit suicide; establishing a certain
exception to certain provisions of this Act; establishing and applying certain
penalties for a violation of this Act; making the provisions of this Act severable;
defining certain terms; altering a certain definition; and generally relating to
electronic harassment and bullying.
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.

*hb0181*

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HOUSE BILL 181

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BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 3–805
Annotated Code of Maryland
(2012 Replacement Volume and 2018 Supplement)

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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

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Article – Criminal Law

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3–805.
(a)

(1)

In this section the following words have the meanings indicated.

(2)

“Electronic communication” means the transmission of ACT OF
TRANSMITTING ANY information, data, [or a] SIGN, SIGNAL, WRITING, IMAGE, SOUND,
INTELLIGENCE, OR communication by the use of a computer or any other electronic means
[that is sent to a person and that is received by the person], INCLUDING A
COMMUNICATION THAT INVOLVES THE USE OF E–MAIL, AN INSTANT MESSAGING
SERVICE, AN INTERNET WEBSITE, A SOCIAL MEDIA APPLICATION, A NETWORK CALL,
A FACSIMILE MACHINE, OR ANY OTHER INTERNET–BASED COMMUNICATION TOOL.

(3)

“ELECTRONIC CONDUCT” MEANS THE USE OF A COMPUTER OR A
COMPUTER NETWORK TO:

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(I)

BUILD A FAKE SOCIAL MEDIA PROFILE;

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(II)

POSE AS ANOTHER, INCLUDING A FICTITIOUS PERSON IN AN
ELECTRONIC COMMUNICATION;

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(III) DISSEMINATE OR ENCOURAGE OTHERS TO DISSEMINATE
INFORMATION CONCERNING THE SEXUAL ACTIVITY, AS DEFINED IN § 3–809 OF THIS
SUBTITLE, OF A MINOR;

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(IV)

DISSEMINATE A REAL OR DOCTORED IMAGE OF A MINOR;

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(V)

ENGAGE OR ENCOURAGE OTHERS TO ENGAGE IN THE
REPEATED, CONTINUING, OR SUSTAINED USE OF ELECTRONIC COMMUNICATION TO
CONTACT A MINOR;

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(VI) MAKE A STATEMENT TO PROVOKE A THIRD PARTY TO STALK
OR HARASS A MINOR; OR

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(VII) SUBSCRIBE A MINOR TO A PORNOGRAPHIC WEBSITE.

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(4) “INSTANT MESSAGING SERVICE” MEANS A COMPUTER SERVICE
ALLOWING TWO OR MORE USERS TO COMMUNICATE WITH EACH OTHER IN REAL
TIME.
[(3) (5)

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“Interactive computer service” means an information service,
system, or access software provider that provides or enables computer access by multiple
users to a computer server, including a system that provides access to the Internet and
cellular phones.]

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(3) “INSTANT MESSAGING SERVICE” MEANS A COMPUTER SERVICE
ALLOWING TWO OR MORE USERS TO COMMUNICATE WITH EACH OTHER IN REAL
TIME.

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(4) (6)

“SOCIAL MEDIA APPLICATION” MEANS ANY COMPUTER
SYSTEM, PROGRAM, SOFTWARE, OR WEBSITE THAT ALLOWS A PERSON TO BECOME A
REGISTERED
USER
FOR
THE
PURPOSE
OF
ESTABLISHING
RELATIONSHIPS WITH ONE OR MORE OTHER USERS THROUGH:

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(I)

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(II)

PERSONAL

DIRECT OR REAL–TIME COMMUNICATION; OR

THE CREATION OF WEBSITES OR PROFILES CAPABLE OF
BEING VIEWED BY THE PUBLIC OR OTHER USERS.

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(5) (7)

“SOCIAL MEDIA PROFILE” MEANS A WEBSITE OR PROFILE
CREATED USING A SOCIAL MEDIA APPLICATION.

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(b)
(1)
A person may not maliciously engage in a course of conduct, through
the use of electronic communication, that alarms or seriously annoys another:

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(i)

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(ii)
behalf of the other; and

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(iii)

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with the intent to harass, alarm, or annoy the other;
after receiving a reasonable warning or request to stop by or on
without a legal purpose.

[(2) A person may not use an interactive computer service to maliciously
engage in a course of conduct that inflicts serious emotional distress on a minor or places a
minor in reasonable fear of death or serious bodily injury with the intent:
(i)
minor; or

to kill, injure, harass, or cause serious emotional distress to the

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HOUSE BILL 181

(ii)

to place the minor in reasonable fear of death or serious bodily

injury.]

(2)

A PERSON MAY NOT MALICIOUSLY ENGAGE IN AN ELECTRONIC
COMMUNICATION:
(I)

IF THE CONTENT, MANNER, TIME, OR PLACE, OR THE
CONTEXT OF THE ELECTRONIC COMMUNICATION AS PART OF A SERIES OF
COMMUNICATIONS, INTIMIDATES, TORMENTS, OR HARASSES A MINOR; AND

(II)

WITH THE INTENT TO INTIMIDATE, TORMENT, OR HARASS

THE MINOR.

(3)

A PERSON MAY NOT USE AN ELECTRONIC COMMUNICATION TO

MALICIOUSLY ENGAGE IN A SINGLE SIGNIFICANT ACT OR IN A COURSE OF CONDUCT
THAT, WHEN CONSIDERED IN ITS ENTIRETY:

(I)

HAS THE EFFECT OF
HARASSING, OR PHYSICALLY HARMING A MINOR;

(II)

CAUSES

A

MINOR

INTIMIDATING,

TORMENTING,

EXPERIENCE

SUBSTANTIAL

TO

EMOTIONAL DISTRESS;

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(III) RESULTS IN DAMAGE TO A MINOR’S PROPERTY; OR

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(IV)

PLACES A MINOR IN REASONABLE FEAR OF HARM TO THE
PHYSICAL SAFETY OF THE MINOR’S:

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1.

PARENT OR GUARDIAN;

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2.

SIBLING;

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3.

SPOUSE; OR

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4.

CHILD.

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(4) A PERSON MAY NOT, WITH THE INTENT TO INTIMIDATE, TORMENT,
OR HARASS A MINOR, USE A COMPUTER OR A COMPUTER NETWORK TO:

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(I)

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(II)

BUILD A FAKE SOCIAL MEDIA PROFILE;

POSE AS ANOTHER, INCLUDING A FICTITIOUS PERSON, IN AN
ELECTRONIC COMMUNICATION;

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(III) FOLLOW A MINOR ONLINE OR USING AN INSTANT
MESSAGING SERVICE; OR
(IV)

DISSEMINATE OR ENCOURAGE OTHERS TO DISSEMINATE
SEXUAL INFORMATION PERTAINING TO THE MINOR, WHETHER TRUE OR FALSE.

(5)

A PERSON MAY NOT, WITH THE INTENT TO INTIMIDATE, TORMENT,
OR HARASS A MINOR OR THE PARENT OR GUARDIAN OF A MINOR, USE A COMPUTER
OR A COMPUTER NETWORK TO:
(I)

1.

DISSEMINATE A REAL OR DOCTORED IMAGE OF THE

MINOR;

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ACCESS, ALTER, OR ERASE ANY COMPUTER NETWORK,
COMPUTER DATA, COMPUTER PROGRAM, OR COMPUTER SOFTWARE BELONGING TO
OR LICENSED FOR USE BY THE MINOR WITHOUT AUTHORIZATION;

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3.
ENGAGE OR ENCOURAGE OTHERS TO ENGAGE IN THE
REPEATED, CONTINUING, OR SUSTAINED USE OF ELECTRONIC COMMUNICATION TO
CONTACT THE MINOR;

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2.

4.

MAKE ANY STATEMENT, WHETHER TRUE OR FALSE,
INTENDED TO IMMEDIATELY PROVOKE, OR THAT IS LIKELY TO PROVOKE, ANY THIRD
PARTY TO STALK OR HARASS A MINOR;

5.

ENGAGE IN OR CAUSE THE UNAUTHORIZED COPYING
AND DISSEMINATION OF ANY IMAGE, DATA, OR INFORMATION, WHETHER IN PRINT
OR ELECTRONIC FORM, PERTAINING TO THE MINOR;

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SUBSCRIBE

THE

MINOR

TO

A

PORNOGRAPHIC

WEBSITE; OR

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SUBSCRIBE THE MINOR TO A MAILING LIST OR TO
RECEIVE ONE OR MORE ELECTRONIC COMMUNICATIONS; AND

(II)

HARASS OR CAUSE INTIMIDATION OR TORMENT TO THE

MINOR.

(6)

A PERSON MAY NOT VIOLATE THIS SECTION WITH THE INTENT TO
INDUCE A MINOR TO COMMIT SUICIDE.
(3)

A PERSON MAY NOT MALICIOUSLY ENGAGE IN AN ELECTRONIC
COMMUNICATION IF:

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HOUSE BILL 181

(I)

THE ELECTRONIC COMMUNICATION IS PART OF A SERIES OF
COMMUNICATIONS AND HAS THE EFFECT OF:

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1.

INTIMIDATING OR HARASSING A MINOR; AND

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2.

CAUSING PHYSICAL INJURY OR SERIOUS EMOTIONAL

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DISTRESS TO A MINOR; AND

(II)

THE
PERSON
COMMUNICATION INTENDS TO:

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1.

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2.
DISTRESS TO THE MINOR.

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(4)

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ENGAGING

IN

THE

ELECTRONIC

INTIMIDATE OR HARASS THE MINOR; AND
CAUSE PHYSICAL INJURY OR SERIOUS EMOTIONAL

A PERSON MAY NOT MALICIOUSLY ENGAGE IN A SINGLE

SIGNIFICANT ACT OR
COMMUNICATION IF:

COURSE

OF

CONDUCT

USING

AN

ELECTRONIC

(I)

THE PERSON’S CONDUCT, WHEN CONSIDERED IN ITS
ENTIRETY, HAS THE EFFECT OF:

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1.

INTIMIDATING OR HARASSING A MINOR; AND

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2.

CAUSING PHYSICAL INJURY OR SERIOUS EMOTIONAL

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DISTRESS TO A MINOR;

(II)

THE PERSON INTENDS TO:

1.

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INTIMIDATE OR HARASS THE MINOR; AND

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2.
CAUSE PHYSICAL INJURY OR SERIOUS EMOTIONAL
DISTRESS TO THE MINOR; AND

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(III) IN THE CASE OF A SINGLE SIGNIFICANT ACT, THE
COMMUNICATION:

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1.

IS MADE AFTER RECEIVING A REASONABLE WARNING

OR REQUEST TO STOP;

2.

IS SENT WITH A REASONABLE EXPECTATION THAT
THE RECIPIENT WOULD SHARE THE COMMUNICATION WITH A THIRD PARTY; OR

3.

SHOCKS THE CONSCIENCE.

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(5)
CONDUCT IF:

A PERSON MAY NOT MALICIOUSLY ENGAGE IN ELECTRONIC
(I)

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THE ACT OF ELECTRONIC CONDUCT HAS THE EFFECT OF:

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1.

INTIMIDATING OR HARASSING A MINOR; AND

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2.

CAUSING PHYSICAL INJURY OR SERIOUS EMOTIONAL

DISTRESS TO A MINOR; AND

(II)

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THE PERSON INTENDS TO:

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1.

INTIMIDATE OR HARASS THE MINOR; AND

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2.

CAUSE PHYSICAL INJURY OR SERIOUS EMOTIONAL

DISTRESS TO THE MINOR.

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(6)

A PERSON MAY NOT VIOLATE THIS SECTION WITH THE INTENT TO
INDUCE A MINOR TO COMMIT SUICIDE.

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(c)
It is not a violation of this section for any of the following persons to provide
information, facilities, or technical assistance to another who is authorized by federal or
State law to intercept or provide electronic communication or to conduct surveillance of
electronic communication, if a court order directs the person to provide the information,
facilities, or technical assistance:

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(1)

a provider of electronic communication;

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(2)
an officer, employee, agent, landlord, or custodian of a provider of
electronic communication; or

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(3)
a person specified in a court order directing the provision of
information, facilities, or technical assistance to another who is authorized by federal or
State law to intercept or provide electronic communication or to conduct surveillance of
electronic communication.

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(d)
activity:

Subsection (b)(1) THROUGH (5) of this section does not apply to a peaceable

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(1)

intended to express a political view or provide information to others; OR

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(2)

CONDUCTED FOR A LAWFUL PURPOSE.

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HOUSE BILL 181

(1) A person who violates SUBSECTION (B)(1) THROUGH (5) (B)(1), (2),
(3), (4), OR (5) OF this section is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding [1 year] 3 YEARS or a fine not exceeding [$500] $10,000 or
(e)

both.

(2)

A PERSON WHO VIOLATES SUBSECTION (B)(6) OF THIS SECTION IS

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GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH.

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SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.

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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2019.

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.