Most of us feel that we could recognize harassment when it happens to us. But is that the truth? In reality, “harassment” covers a wide range of behaviors and actions, and some of them might surprise you.
Harassment laws in California are designed to protect people from behavior that threatens their safety or ability to live without intimidation. But what exactly is considered harassment in California? And what happens if you’re accused, or if you’re the victim of harassment yourself?
In this article, we will discuss what California law says, what kinds of behavior fall under harassment, what the penalties are, and what you can do if you’re either facing charges or dealing with harassment from someone else.
What Is Considered Harassment in California?
So, what is harassment? Is there some sort of foundational definition that applies to all cases? Not really.
The answer depends on the context. California recognizes civil harassment (handled in civil court) and criminal harassment (charged by prosecutors). But in general, harassment means a pattern of unwanted behavior that seriously annoys, alarms, or terrorizes someone else, without a legitimate purpose.
Under California Civil Code § 527.6, harassment includes:
- Unlawful violence (think assault or battery)
- A credible threat of violence (a threat that the victim believes could realistically result in violence against them)
- A knowing and willful course of conduct that seriously alarms or harasses someone, and serves no legitimate purpose
The key points are:
- Pattern: Usually more than one act is required, unless it’s a credible threat of violence.
- Unwanted: The victim must not want the contact or behavior.
- Harm: The behavior must cause substantial emotional distress, fear, or intimidation.
So if you’re wondering what is considered harassment in California, think of it as behavior that crosses the line from annoyance into conduct that genuinely threatens their peace or safety.
Types of Harassment
California law recognizes quite a few different types of harassment. Some overlap with other criminal laws, but others fall under civil statutes. Here are the main categories:
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Workplace Harassment
Workplace harassment is governed under the Fair Employment and Housing Act (FEHA). It includes harassment based on protected categories like race, gender, age, religion, disability, or sexual orientation. Sexual harassment (unwanted advances, requests for sexual favors, or hostile work environments) is probably the most familiar of these. Employers have a legal duty to prevent and address harassment in the workplace.
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Civil Harassment
Civil harassment is harassment between people who don’t have a close relationship (unlike domestic violence cases). This could be a neighbor, roommate, acquaintance, or stranger. Under Civil Code § 527.6, victims can file for a restraining order.
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Harassment via Electronic Communication (Cyber Harassment)
With phones and social media, harassment often happens online. Under Penal Code § 653.2, it’s illegal to use electronic devices to “harass or threaten another person”. This type of harassment includes repeated texts, emails, DMs, or posts.
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Stalking
Stalking is defined under Penal Code § 646.9 as “willfully, maliciously, and repeatedly following or harassing someone, coupled with a credible threat that makes the victim fear for their safety”. It’s one of the more serious forms of harassment and can be charged as a felony.
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Harassment in Domestic Relationships
Harassment between family members, spouses, ex-spouses, or people who are dating or have formerly dated comes under California’s domestic violence laws rather than general civil harassment. The Domestic Violence Prevention Act spells out how to use a restraining order in this type of situation.
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Sexual Harassment (Outside the Workplace)
Even outside of employment, unwanted sexual advances, touching, or persistent comments may constitute harassment if they cause substantial emotional distress and serve no legitimate purpose.
Each type of harassment has its own legal process and penalties, but stems from repeated, unwanted behavior that disrupts someone else’s life.
Penalties of Harassment
The penalties under harassment laws in California vary depending on the type and severity of the conduct.
Civil Consequences:
- Courts may issue restraining orders, prohibiting contact and requiring the harasser to stay a certain distance away from the victim.
- Violating a restraining order is itself a crime under Penal Code § 273.6.
Criminal Penalties:
- Misdemeanor Harassment/Annoying Communications (PC § 653m): Up to 6 months in jail and fines up to $1,000.
- Stalking (PC § 646.9): Misdemeanor stalking can mean up to 1 year in jail, while felony stalking can bring 2 to 5 years in state prison.
- Cyber Harassment (PC § 653.2): Usually a misdemeanor, but can become a felony if threats are involved.
- Criminal Threats (PC § 422): Making a credible threat that causes fear of injury or death can result in felony charges with up to 4 years in prison.
On top of jail or prison time, a harassment conviction can lead to:
- Probation or parole
- Mandatory counseling
- Fines and restitution
- Loss of firearm rights (especially in felony cases)
- A permanent criminal record, which affects employment, housing, and reputation
Because some of these laws are “wobblers” (they can be charged as either misdemeanors or felonies), prosecutors have a lot of leeway, and the outcome often depends on the facts of the case and your legal representation.
What to Do If You Are a Victim of Harassment
If you’re being harassed, you don’t have to handle it on your own. Here are the steps you can take:
1. Document the Behavior
Keep records of texts, emails, voicemails, or notes of in-person incidents. Any documentation can help make your case stronger.
2. Tell the Person to Stop (If It’s Safe to Do So)
Sometimes, someone may not understand that their actions and/or behaviors are crossing the line. A clear “stop contacting me” is enough. But if you fear for your safety, skip this step.
3. Report It to the Authorities
Call the police if you’re threatened, stalked, or physically harmed. Even if the harasser hasn’t crossed into criminal territory, filing a report creates a paper trail.
4. Seek a Civil Harassment Restraining Order
California lets victims petition the court for a restraining order. This can stop unwanted contact and force the harasser to stay away. If they violate the restraining order, you’ll have legal grounds for further action.
5. Notify Employers or Schools
If the harassment is taking place at work or school, notify the institution. Chances are good that the organization has internal complaint procedures. Reporting harassment can trigger an investigation and corrective measures.
6. Reach Out for Support
Don’t underestimate the emotional toll. Friends, family, clergy, and professional counselors can help you cope with the stress and anxiety harassment brings.
Defenses to Harassment Charges
If you’re accused of harassment, don’t assume a conviction is inevitable. There are several defenses that an experienced attorney may use:
- Lack of Intent:
Many harassment laws require that the accused intentionally “annoyed, threatened, or harassed” the victim. If your conduct was accidental or misinterpreted, this may be a defense. - Free Speech/Legitimate Purpose:
Communication that serves a lawful purpose, like collecting a debt, handling co-parenting arrangements, or legitimate workplace discussions, may not qualify as harassment. - False Allegations:
In contentious divorces, relationship breakdowns, workplace disputes, or neighbor conflicts, people sometimes exaggerate or make up claims. An attorney can challenge the validity of the allegations themselves. - Insufficient Evidence:
Harassment charges usually rely heavily on testimony and circumstantial evidence. If prosecutors can’t prove a course of conduct beyond a reasonable doubt, charges may not stand. - Self-Defense:
If your actions were in response to a threat, and you acted reasonably to protect yourself, this can serve as a legal defense.
Because harassment covers such a wide range of behavior, defenses have to be tailored to the specifics of each case. A strong legal strategy can mean the difference between dismissal and conviction.
Contact a Defense Attorney
California harassment laws carry heavy consequences. Whether you’re being harassed and need protection, or you’ve been accused and are facing potential jail time, the situation is serious. The law is complex, and the difference between guilt and innocence often comes down to details: what was said, how it was said, the context, and whether the accuser can prove their claims.
An experienced California defense attorney can:
- Help victims file for restraining orders and protect their rights
- Represent people accused of harassment, building strong defenses
- Negotiate with prosecutors to reduce or dismiss charges
- Guide clients through both civil and criminal proceedings
If you’re dealing with harassment (on either side), don’t wait until it gets worse. Contact the Law Office of David L. Faulkner today to get clear guidance, protect your rights, and move forward with confidence.
