When someone is subject to harassment, they are likely processing a range of emotions, from rage to fear. Harassment is illegal under California law, and victims may pursue legal action against the perpetrators. Based on the form of harassment involved, the accused can be subject to fines, a lawsuit, a court-issued restraining order, or imprisonment. Consult an experienced criminal attorney about your options when you are being harassed.

The Legal Meaning of Harassment Under California Law

Generally, California law defines harassment as any unwelcome behavior or actions deemed pervasive or severe. However, the law recognizes four different forms of harassment, each with its own definition and attracting different consequences. These four types are:

  • Stalking

  • Workplace sexual harassment

  • Civil harassment

  • Non-sexual workplace harassment

Based on the facts and circumstances surrounding the case, the harassing conduct can constitute a crime. If someone has accused you of harassing them, or you believe you have faced harassment, consider speaking to a lawyer as soon as possible, since the matter may involve criminal and civil liability.

Workplace Sexual Harassment

Per California FEHA (Fair Employment and Housing Act) and federal employment law, sexual harassment has its own legal definition of what constitutes harassment. Under these two statutes, sexual harassment at the workplace takes two forms: a hostile work environment and quid pro quo harassment.

Quid pro quo means this for that. Thus, quid pro quo sexual harassment is when a person in a superior position, like a supervisor or manager, utilizes their power to condition a worker’s benefits or employment benefits on their agreeing to unwanted sexual advances. In essence, quid pro quo sexual harassment is a trade whereby a superior demands sexual favors in exchange for a work-related reward, such as raises or promotions, or threatens adverse repercussions if the worker does not comply.

To prove quid pro quo sexual harassment, a victim must demonstrate five elements. These are:

  • They worked for the respondent, applied for work with the respondent, or rendered their services to the respondent

  • The defendant’s supervisor or other agent made unwelcome sexual advances

  • A condition for a reward or a favorable workplace was made based on the sexual advances, be it by insinuation or by words.

  • They were injured due to the sexual harassment.

  • The supervisor’s acts were a significant factor contributing to that harm.

A hostile work environment is when offensive or sexual conduct occurs at work, and that offensive conduct is pervasive or severe enough to create a work environment that any reasonable party would find abusive, hostile, or intimidating. That means the actions must be more than merely trivial or occasional. Additionally, they must impact the worker’s capability to do their job. Examples of conduct that constitute a hostile working environment include:

  • Unwelcome sexual advances, slurs, lewd conduct, or derogatory comments

  • Hanging of sexually explicit calendars, photos, or posters at work

  • Unrelenting bumping into, touching, or brushing against a worker is an unwelcome, suggestive way

  • Pervasive and recurring winking, flirting, staring, or whistling, a reasonable party would deem offensive

To prove a hostile workplace environment, a victim must show that:

  • They were subject to unwelcome conduct

  • That conduct was based on their sex

  • The conduct was either pervasive or severe enough to change workplace conditions

Usually, the harassment must occur multiple times to be considered pervasive or severe enough. However, isolated occurrences of severe behavior, like workplace sexual assault, can suffice.

Civil Harassment

Section 527.6 of the CCP (Code of Civil Procedure) is the California law on civil harassment. This law defines harassment differently from the definitions provided for other types. Under this statute, harassment refers to any of these:

  • Unlawful violence, for example, battery, assault, or stalking. Assault refers to trying to inflict violent harm upon someone else. A battery is using force against someone else. Stalking refers to repeatedly harassing or following a person, intending to make them reasonably fear for their safety or that of their immediate family.

  • Credible threats of violence

  • A pattern or series of behavior that is willful and knowing, is targeted at a particular individual, seriously harasses, annoys, or alarms the individual, serves no valid purpose, would make any reasonable individual suffer significant emotional distress, or causes the individual to suffer significant emotional distress.

Credible threats of violence refer to any willful or conscious action or statement that would make any reasonable party fear for their safety or that of their family members. The threat must also serve no valid purpose.

A pattern or series of behavior refers to acts that happen over a given period that reveal an intention to harass a person. The period over which these acts happen can be long or short, and the acts may include:

  • Stalking or following a person

  • Sending a person harassing messages by social media, text messaging, email, or any other means, or

  • Making harassing calls

However, activities protected under the Constitution do not qualify as civil harassment. An example includes political speech. Also, civil harassment law is not applicable to close relationships. These are generally categorized under stalking or domestic abuse.

Victims of acts that fall under civil harassment can request a temporary protective order from the court. The order demands that the perpetrator stop their harassment, and if they continue, it can constitute a criminal offense of restraining order violation under PC 273.6.

Stalking and Cyberstalking (646.9 PC)

California law on stalking also has its own legal description of harassment. Per this statute, stalking has two elements.

  • Malicious and willful harassment or repetitive following of a person, and

  • Credible threats intended to cause a person to reasonably fear for their safety or that of their immediate family.

For an act to be considered harassment according to the stalking statute, there must be a pattern of behavior. That means there must be more than one act that shows a continuous motive. The pattern of behavior must serve no valid purpose. For a series of conduct to constitute harassment, it must be targeted at a particular individual and seriously alarm, annoy, terrorize, or torment them.

Cyberstalking, a type of stalking, is also a form of harassment. This refers to the harassment or intimidation of a person using electronic communication like the internet, text messages, a telephone, or email to the point where they fear for their safety or that of their family.

A prevalent example of cyberstalking is when a person constantly sends harassing or threatening text messages or emails, sexts, offensive images, damaging posts, or fake information about the victim on social media.

If stalking or cyberstalking is against a close family member, it might be considered domestic abuse. Note that domestic abuse need not always be physical. It can be psychological, verbal, or emotional. Put otherwise, harassment under stalking law can happen in many ways to control and have power over the stalked person.

Workplace Non-Sexual Harassment

Sexual harassment is not the only type of workplace harassment. There is also non-sexual harassment. The legal meaning of workplace non-sexual harassment in California covers

  • Religion,

  • Race,

  • Sexual orientation,

  • National origin,

  • Gender expression or gender identity,

  • Disability,

  • Medical conditions,

  • Veteran status,

  • Pregnancy,

  • Age,

  • Color, or

  • Other protected characteristics.

To be considered workplace non-sexual harassment, an act must still constitute a hostile work environment or quid pro quo. Many cases of workplace non-sexual harassment involve a hostile working environment.

Some behavior can fall under more than one form of harassment.

Is Harassment an Offense in California?

All four forms of harassment are crimes in California. They can be classified as civil or criminal offenses. That is because they inflict danger and undue stress upon victims. Based on the form of harassment and case facts, offenders might be subject to civil proceedings or criminal charges. If subject to criminal charges, the offender will face criminal penalties such as jail time and fines. And if they face civil proceedings, the offender may need to pay damages and be issued a restraining order.

A person who breaks the civil harassment statute can be issued a protective order. A protective order is a court-issued order that prevents a person from harassing or threatening the victim involved. The restraining order may bar the offender from carrying out various activities, including:

  • Going anywhere within a specified distance of the victim

  • Communicating or having any contact with the victim

  • Going near the victim's workplace, school, or home

  • Living under the same roof as the victim. In this case, the court will require the defendant to vacate their home.

The order might also require that the offender surrender any firearms and ammunition in their possession. Other conditions may also apply based on the case facts. A civil harassment protective order lasts a maximum of five years.

If the offender violates the protective order against them, they could be subject to criminal charges for a restraining order violation. Violating a restraining order is deemed a misdemeanor offense. A conviction carries a court fine of $10,000 and up to one year in jail. The offender could face wobbler charges if the crime were a repeat violation or involved violence. That means the prosecutor can pursue felony or misdemeanor charges. A felony conviction carries more severe consequences. These include three years in prison and a fine not exceeding $10,000.

Stalking and cyberstalking are criminal offenses under the California Penal Code. Specifically, it is deemed a wobbler. The prosecution will base its decision to press either misdemeanor or felony charges on the case facts and the defendant’s criminal history.

A misdemeanor stalking conviction is punished by a fine not exceeding $1,000, misdemeanor probation, and up to 12 months in jail. A felony conviction is punished by formal probation, a fine of $1,000, and not more than five years in prison. Stalking always becomes a felony violation if any of these circumstances apply:

  • The stalking involved violent conduct

  • The stalking violated a validly issued restraining order

  • The accused has a past stalking conviction (even when the supposed victim in this current case is not the one the defendant stalked in the past).

Cyberstalking is also deemed a wobbler offense, and the consequences are similar to those that a stalking conviction carries.

A victim can also sue their stalker in civil court for compensation due to the stalking. The victim must demonstrate three things to recover stalking damages. These are as follows:

  • The defendant engaged in a sequence of behavior intended to alarm, harass, or follow the victim. The victim requires independent evidence, apart from their testimony, to prove this element.

  • As a consequence of this behavior, the victim had reason to fear for their safety or that of their family member.

  • The defendant either

  • Made credible threats against the victim’s safety or the safety of their family members, and did not end the harassing conduct even after the alleged victim requested it, or

  • Breached a protective order with their conduct

The victim might recover punitive and compensatory damages if they prove these elements.

Both workplace sexual and non-sexual harassment cases are solved in civil court. A victim of either type of harassment can bring a harassment suit against the harassing co-worker or supervisor and their employer. If they win the lawsuit, they might recover punitive and compensatory damages. Courts rarely award punitive damages. A judge can grant them in a case where, for example, the employer encouraged the harassment or neglected to provide training on sexual harassment. Judges can also issue a protective order against the perpetrator.

The laws about each form of harassment can be intricate. Seek help from an experienced lawyer for more details about the consequences you may face if accused of harassment.

Contact an Experienced Criminal Defense Attorney Near Me

If you have been charged with any kind of criminal harassment case, you want to consult a skilled criminal defense attorney as soon as possible. A knowledgeable attorney can review your case details and advise on your legal options. Remember, early legal intervention into your case can be the difference between a not-guilty and guilty verdict.

At the Law Offices of Jonathan Franklin, we might successfully use prefiling intervention to prevent the prosecution from filing formal charges. Contact us at 310-273-9600 for a free initial consultation if you have been charged in Los Angeles, CA, or the surrounding areas.