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 four different types of harassment recognized by California state law.
- Civil harassment
- Sexual harassment
- Workplace harassment
- Stalking
Each type of harassment is judged differently and met with varying penalties. Explanations for each type are as follows.
Civil harassment
- Unlawful violence like 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.
Is Harassment a Crime in CA?
All four types of harassment are criminal offenses in California. They cause victims undue stress and danger. Depending on the type of harassment, offenders may face criminal charges or restraining orders.
Individuals who violate civil harassment laws are subjected to restraining orders that prevent them from communicating with the victim, going within a certain distance of them, or going near their home, place of work, or school. However, if the defendant violates their restraining order they can face the following penalties.
- Misdemeanor charge
- Up to $10,000 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.
Stalking is a criminal offense as well. A misdemeanor conviction can carry consequences of:
- Up to $1,000 in fines
- Up to 5 years in state prison
- Felony probation
Cases that involve a violent offense are automatically charged as a felony.
Both workplace and sexual harassment are settled in civil court. Victims can file a harassment lawsuit in an effort to obtain compensation, punitive damages, and a restraining order.
The laws surrounding each type of harassment can be complex. Obtain the help of a skilled defense attorney for more information regarding the penalties you may incur after being charged with harassment.
