When Does Hazing Become a Crime?
On-campus Greek organizations are infamous for making pledges jump through degrading and embarrassing hoops to join a fraternity or sorority. These activities are often considered harmless hazing rituals, but can those tasks also be a crime?
Hazing has long included demeaning jobs for potential members such as cleaning, serving, or running errands on behalf of current membership. However, we have seen a recent uptake in hazing incidents that have gone too far, with pledges dying from accidents or consuming too much alcohol. In response, California has criminalized any hazing that could result in serious bodily injury.
Hazing Occurs During Initiation To a Student-Based Organization
A conviction for hazing requires that the crime occurred as part of initiation or pre-initiation to a student-based organization. These requirements seriously limit the amount of conduct that is covered by California’s hazing law.
However, the hazing statute applies to all schools, not just universities or colleges. That means criminal activities on high school sports teams and academic clubs can be prosecuted as hazing as well.
In addition to occurring as part of a student-based organization, hazing has to happen as part of an initiation. This means that an already-admitted sorority sister who is peer-pressured to drink far too much at a sorority party was not hazed. Because she was already a member and not drinking as part of a test for entrance to the organization, no one committed hazing.
Hazing Must Be Likely To Cause Serious Bodily Injury
Engaging in criminal hazing requires causing more than mere inconveniences or embarrassment to a potential member. A California prosecutor must prove that the conduct was likely to cause serious bodily injury to win a criminal hazing conviction. The definition of serious bodily injury requires actual impairment.
For example, broken bones, wounds resulting in scarring, or a concussion are within the bounds of serious bodily injury. There does not need to be proof of a serious bodily injury for a hazing conviction, only evidence that the conduct was likely to cause physical harm.
An important distinction is that California does not criminalize hazing that can result in purely mental injury or suffering. Conduct that imposes significant mental harm, such as repeated taunting or forced placement in humiliating situations, would not be criminal.
Whether Serious Injury Occurred Determines Hazing Punishment
Criminal hazing can be charged as either a misdemeanor or a felony in California. If the conduct was only likely to cause serious bodily harm but did not, in fact, cause any injury, you can only be charged with a misdemeanor hazing offense. If serious physical harm actually occurred, hazing is a “wobbler,” meaning a prosecutor can charge the crime as either a misdemeanor or a felony.
Misdemeanor hazing is punishable by a maximum of one year in county jail, a $1,000 fine, and misdemeanor probation. However, felony hazing carries a maximum sentence of three years in state prison or felony probation.
If you or someone you love has been charged with criminal hazing in Irvine, California, you should seek the assistance of a skilled criminal defense attorney. The Chambers Law Firm is ready and able to fight for you. Contact The Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a no-obligation consultation with a member of our experienced team of legal professionals.
