Can Criminal Charges Be Brought for Hazing in California? In Some Cases, Yes

Can Criminal Charges Be Brought for Hazing in California? In Some Cases, Yes On-campus Greek groups are notorious for subjecting prospective members to humiliating and demeaning requirements before they can pledge to a fraternity or sorority. Although these rituals are frequently thought to be innocuous, might they possibly be deemed crimes? Read on for the facts and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation if you are facing charges for this or another related event.

Hazing that could cause serious physical harm is illegal

Hazing has historically involved putting potential members to humiliating work, such as cleaning, serving, or running errands for the benefit of the current membership. However, there has been a recent increase in hazing instances that went too far, with pledges passing away in mishaps or from drinking too much. In response, California has made any hazing that could cause substantial physical harm illegal.

Hazing occurs when joining a student-based organization

To be found guilty of hazing, the offense must have taken place during the initiation or pre-initiation process for a student-based group. The range of behavior that California’s hazing legislation is intended to address is severely constrained by these restrictions.

The hazing law, however, is applicable to all institutions, not only colleges or universities. That implies that unlawful behavior on high school athletic teams and academic clubs may also be charged as hazing.

Hazing must be a component of an introduction in addition to taking place within a student-based group. This indicates that a peer-pressured, already-admitted sorority sister who drank excessively at a sorority gathering was not hazed. No one hazed her because she was already a member and wasn’t drinking as a requirement for membership.

To be against the law, hazing must be likely to cause serious bodily harm

Criminal hazing takes more than just causing a potential member inconvenience or embarrassment. To secure a criminal hazing conviction in California, the prosecutor must demonstrate that the behavior was likely to result in serious bodily harm. Actual impairment is required for significant bodily injury to exist.

Serious bodily injury, for instance, includes concussions, shattered bones, and wounds that leave scars. Only evidence that the behavior was likely to result in physical damage is required for a hazing conviction; proof of a major bodily injury is not required.

California does not penalize hazing that can cause only mental pain or harm, which is an essential distinction. It would not be illegal to engage in behavior that causes serious mental harm, such as persistent teasing or being coerced into embarrassing circumstances.

Hazing penalty depends on whether serious injury occurred

In California, criminal hazing is punishable by a misdemeanor or a felony. You can only be charged with a misdemeanor hazing crime if the behavior was only capable of causing substantial bodily harm but did not actually result in any injuries. Hazing is a “wobbler,” which means a prosecutor can charge the offense as either a misdemeanor or a felony if substantial physical injury had happened.

Hazing is a misdemeanor that carries a maximum one-year sentence in county jail, a $1,000 fine, and misdemeanor probation. However, the maximum punishment for criminal hazing is three years in state prison or felony probation.

You should seek the counsel of a knowledgeable criminal defense attorney if you or a loved one has been accused with criminal hazing in Irvine, California. The Chambers Law Firm is equipped and willing to defend you. For a free consultation with a member of Chambers Law Firm‘s skilled team of legal experts, call 714-760-4088.

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