Is Harassment a Crime in California?

When an individual is being harassed, they are probably dealing with a slew of emotions, from fear to rage. Harassment is a crime in California, and victims can pursue legal action against the perpetrators. Depending on the type of harassment, the defendant can face a restraining order, lawsuit, fines, or imprisonment. Work with a Red Bluff criminal lawyer to discuss your options during your case.

What Is the Definition of Harassment Under California Law?

In general, harassment is any unwelcome behavior that is severe or pervasive in nature. There are different types of harassment recognized by California state law, and each has different legal standards and potential consequences. However, not all forms of harassment are criminal matters, and instead may be handled through the civil courts. Harassment can include stalking, repeated unwanted contact, criminal threats, and any actions that cause emotional distress

Four Main Types of Harassment Recognized Under California Law

1. Civil harassment
2. Sexual harassment
3. Workplace harassment
4. Stalking

Each type of harassment is judged differently and met with varying penalties. Explanations for each type are as follows.

Civil Harassment

• Unlawful violence, such as assault and battery
• A credible threat of violence
• Conduct that is knowing and willful, targeted, seriously alarms the person, would cause a reasonable person to sustain emotional distress, or causes a person to sustain emotional distress

Sexual Harassment

• Unwanted sexual advances
• Derogatory comments or slurs
• Lewd conduct
• Quid pro quo

Workplace Harassment

• Bullying or jokes
• Threats
• Quid pro quo
• The above must be based on a person’s race, color, national origin, religion, sex, sexual orientation, pregnancy, disability, age, veteran status, or other protected characteristics

Stalking

• Willful and malicious harassment or repetitive following of a person
• A credible threat of violence that places the person in reasonable fear of their safety or that of their immediate family

Any repeated offensive remarks, threats, stalking, or aggressive behavior can be categorized as harassment under CA state law.

What California Criminal Laws are Commonly Used in Harassment Cases?

In Tehama County and across Northern California, cases involving allegations of harassment typically involve multiple statutes, depending on the nature of the alleged conduct. As such, prosecutors may rely on stalking or criminal threat laws to pursue charges against the individual.

Though the term harassment is often used broadly, under California law, not every annoying, unwanted, or offensive interaction is a crime. Instead, the prosecution must show that specific legal elements under an applicable statute have been met.

California Penal Code § 646.9 (Stalking)

• Prohibits willful, malicious, and repeated harassment
• Requires a credible threat raised against the victim
• Applies to both in-person and electronic communications
• Wobbler offense (may be charged as either a misdemeanor or a felony, depending on the circumstances)

California Penal Code § 422 (Criminal Threats)

• Prohibits threats involving substantial bodily injury or death
• Requires intent that the statement is understood as a threat
• Applies even if the threat is never acted upon
• Requires the victim to experience reasonable and sustained fear

Can Online Harassment, Texts, and Social Media Posts Be Crimes?

Modern harassment offenses increasingly involve electronic forms of communication. Depending on the circumstances, conduct that happens online can result in criminal charges or civil restraining orders.

Examples of Digital Harassment

• Repeated and harassing emails, phone calls, or text messages
• Threats on social media
• Publishing threatening content directed at a specific person
• Online stalking
• Repeated, unwanted direct messages or comments

Is Harassment a Crime in CA?

Harassment can be a civil or criminal offense in California, depending on the type of harassment. For example, stalking and threats generally constitute a crime, while civil and workplace harassment are civil matters. They cause victims undue stress and danger. Depending on the type of harassment, offenders may face criminal charges or restraining orders.

Civil Harassment Restraining Orders

Individuals who violate civil harassment laws are subjected to restraining orders that prevent them from communicating with the victim.

However, if the defendant violates their restraining order, they can face the following penalties.

• Misdemeanor charge
• Up to $1,000 in fines
• Up to 1 year in county jail

If this is a repeat violation or involves violence, they can be charged with even more severe penalties.

Criminal Penalties for Stalking

Stalking is a criminal offense as well. A misdemeanor conviction can carry consequences of:

• Up to $10,000 in fines
• Up to 5 years in state prison
• Felony probation

Cases that involve a violent offense are often charged as felonies in California

Civil Liability for Workplace and Sexual Harassment.

Both workplace and sexual harassment are settled in civil court. Victims can file a harassment lawsuit in an effort to pursue:

• Compensation for damages
• Punitive damages
• Court-issued restraining orders

What Defenses May Be Used Against Harassment Charges?

Accusations of harassment should not be taken lightly in California. Unfortunately, many are under the assumption that these actions are not criminal in nature. However, as discussed, these charges can result in serious penalties for those convicted. As such, understanding the legal defenses available based on the facts of the case can help you fight for the best possible outcome.

Common Defense Strategies

• Lack of intent
• False accusations
• Lack of substantial evidence
• Constitutional free speech protections
• Lack of credible threats
• Misunderstandings or mistaken interpretations
• Lack of repeated conduct as required by California law

Contact an Experienced Tehama County Criminal Defense Firm

The laws surrounding each type of harassment can be complex. As such, if you are facing charges for harassment, stalking, or violating a restraining order in Northern California, it’s imperative to obtain the help of a skilled defense attorney with Cohen Criminal Law. When you need help, contact our team today to learn how we can represent you if you are facing criminal charges.