Penal Code § 245.6 PC – California Hazing Laws

Under California Penal Code § 245.6 PC, hazing is a crime when (a) it is used as a method of initiation into a student-based organization, and (b) the method is likely to cause serious bodily injury. It is still a crime even if no one is actually injured.

The full language of the code section reads as follows:

245.6. (a) It shall be unlawful to engage in hazing, as defined in this section.

(b) “Hazing” means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events.

(c) A violation of this section that does not result in serious bodily injury is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both.

(d) Any person who personally engages in hazing that results in death or serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(e) The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested, commanded, participated in, or ratified the hazing.

(f) Prosecution under this section shall not prohibit prosecution under any other provision of law.

Examples

• Michelle is the head of a sorority at a local college and makes pledges drink numerous vodka shots at a party.
• Jerome is the captain of his university’s football team and tells all incoming freshmen that they must eat food out of the dumpster of a neighborhood restaurant as part of the initiation activities.
• Lila is on her high school’s cheerleading squad and makes all the new members perform obstacle courses and athletic events for one whole day with little food and sleep as part of an initiation onto the squad.

Defenses

Luckily, there are several legal defenses that you can raise if accused of a crime under Penal Code 245.6. These include showing that you:

• did not commit “hazing,”
• were falsely accused, and/or
• were arrested without probable cause.

Penalties

A violation of PC 245.6 may result in both criminal and civil penalties.

Criminal penalties can include:

• either misdemeanor or felony charges, and
• imprisonment in county jail for up to three years.

Civil penalties mean that the hazing “victim” can bring a civil lawsuit against the hazing parties to recover damages.

Our California criminal defense attorneys will explain the following in this article:

• 1. When does hazing become a crime in California?
• 2. How can I defend against a Penal Code 245.6 charge?
  • 2.1. No hazing
  • 2.2. Falsely accused
  • 2.3. No probable cause
• 3. What happens if I get convicted?
  • 3.1. Criminal penalties
  • 3.2. Civil penalties
• 4. What crimes are similar to hazing?
  • 4.1. Assault – PC 240
  • 4.2. Battery – PC 242
  • 4.3. Alcohol in public school – BPC 25608

1. When does hazing become a crime in California?

Penal Code 245.6 PC is the California statute that makes it a crime to engage in hazing activities.¹

“Hazing” is defined as a method of initiative or preinitiation into a student-based organization, which is likely to cause serious bodily injury to a student.²

A serious physical injury means an impairment to a physical condition (this does not include mental harm). Examples include such physical harm as:

• a concussion,
• a loss of consciousness, and
• disfigurement.³

Note that the “students” covered in PC 245.6 include:

• current students,
• former students, and
• prospective students.⁴

Also note that this statute applies to students in any:

• school,
• community college,
• college,
• university, or
• other educational institution in California.⁵

2. How can I defend against a Penal Code 245.6 charge?

If you are accused under this statute, you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Three common defenses to criminal hazing charges are:

1. no “hazing,”
2. falsely accused, and/or
3. no probable cause.

2.1. No hazing

The language in Penal Code 245.6 includes a very specific definition of “hazing.” This means it is always a solid legal defense to show that, while you performed some act in relation to a student, that act did not amount to a hazing incident.

2.2. Falsely accused

Unfortunately, it is not at all uncommon for people to get prosecuted based on false allegations. People get falsely accused out of

• jealousy,
• revenge, and
• anger.

Thus, it is a valid defense to say that a party falsely accused you of violating Penal Code 245.6.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest you for a crime.

If you are stopped or arrested for hazing and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction of charges.

3. What happens if I get convicted?

A violation of Penal Code 245.6 may result in both:

• criminal penalties, and
• civil penalties.

3.1. What are the criminal penalties for violating PC 245.6?

A violation of California hazing law that does not result in serious bodily injury is charged as a misdemeanor. Misdemeanor hazing is punishable by:

• misdemeanor (summary) probation,
• up to one year in county jail, and/or
• a fine between $100 (one hundred dollars) and $5,000 (five thousand dollars).⁶

A violation of the statute that does result in death or serious bodily injury is a wobbler offense. This means that it can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.⁷

If charged as a misdemeanor, the offense is punishable by the above-listed penalties.

If charged as a felony, the crime is punishable by:

• imprisonment in the state prison for up to three years⁸, or
• felony (or formal) probation.

3.2. What are the civil penalties for hazing?

If hazing occurs, the person against whom the hazing was directed may file a civil action for any injury or damages.⁹

Note that the lawsuit can be brought against:

• any people that participated in the hazing, or
• any organization to which the student was trying to become a member.¹⁰

4. What crimes are similar to hazing?

There are three crimes related to hazing. These are:

1. assault – PC 240,
2. battery – PC 242, and
3. alcohol in public school – BPC 25608.

4.1. Assault – PC 240

Penal Code 240 PC is the California statute that makes assault a crime.

Per PC 240, a “simple assault” is an attempt to commit a violent injury on someone else.¹¹

A prosecutor must prove four things to successfully convict you of this crime. These are that:

1. you did something that was likely to result in the use of force against someone else,
2. you did so willfully,
3. you were aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person, and
4. when you acted, you had the ability to apply force to the other person.

A violation of this statute is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.¹²

4.2. Battery – PC 242

Penal Code 242 PC is the California statute that makes battery a crime.

Per PC 242, a “simple battery” consists of any willful and unlawful use of force or violence on someone else.¹³

Please note that “assault” and “battery” are two distinct crimes. Under California assault law, Penal Code 240, an assault is an attempt to use force or violence on someone else. Battery, on the other hand, is the actual use of force or violence on someone else.

A violation of PC 242 is charged as a misdemeanor in California. The penalties may include:

• a fine of up to $2,000, and/or
• up to six months in county jail.¹⁴

4.3. Alcohol in public school – BPC 25608

Business and Professions Code 25608 is the California statute that makes it a crime to

• possess,
• consume,
• sell,
• give, or
• deliver

an alcoholic beverage while in a public schoolhouse, or while on the grounds of the public schoolhouse.¹⁵

Please note that there are a few exceptions to this general rule. They are specifically listed in the language of BPC 25608.

Some exceptions where alcohol is allowed at a school include:

• when it is used in connection with a course of study and is held by a person authorized to possess, acquire, or use it, and
• when it is served, possessed, or provided as part of a culinary arts (or food making) program.¹⁶

A violation of BPC 25608 is charged as a misdemeanor.¹⁷ The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.

For additional help…

If you or someone you know has been accused of a crime under Penal Code 245.6 PC, we invite you to contact us for a consultation. Our law office serves clients throughout the state, including Los Angeles, San Diego, Chico, San Bernardino, San Francisco, Glendale, San Jose, and more.

For information on Nevada’s hazing laws, please see our article on NRS 200.605 – “Hazing” laws in Nevada.

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