Last Updated on January 24, 2025
One of the first things people associate with fraternities is the centuries-old tradition of hazing new pledges. Still, after multiple students died during hazing activities over the years, many states, including California, started banning dangerous initiation rituals. While not all forms of hazing are illegal, those likely to result in injuries are. If you have been accused of criminal hazing in Vista or the rest of San Diego County, please call a defense attorney like Peter M. Liss.
What is Hazing, and Is it Illegal Under California Law?
Hazing has a lot of different meanings, but for most people, it involves an act of initiation to get into a club, fraternity, or other organization. In California, most activities that the average person considers “hazing” (an initiation act required to enter a club, fraternity, sorority, or similar group) are legal. However, under Penal Code section 245.6 (PC), a hazing ritual cannot include an act likely to cause great bodily injury.
The specific charges for hazing vary based on whether or not someone was actually injured. If you have been accused of a crime related to hazing or want to make sure your organization’s initiation practices fall within the scope of the law, call a lawyer as soon as possible.
Critical Aspects of This Law
California’s hazing law covers any method of initiation or pre-initiation into a student organization or student body likely to cause serious bodily injury to a former, current, or prospective student of any educational institution —and is not a customary athletic event or school-sanctioned activity. This definition is complex, and to prove someone guilty, a prosecutor must prove all aspects of the law, meaning:
- the act was part of an initiation or pre-initiation activity
- the group responsible was a student organization or student body
- the activity would be likely to cause serious bodily injury
- the participants were former, current, or prospective students of an educational institution
- the activity cannot be a customary athletic event or other activity officially sponsored by the school
Note that the organization does not have to be officially recognized by the educational institution, but it must be associated with one because its membership consists of current or former students. However, the penal code only covers student organizations, so if a local men’s club decided to introduce potentially dangerous initiation practices, they would not be violating the law.
Similarly, no one needs to be injured to break this law; it just has to be likely a student would suffer serious bodily harm. For example, requiring a pledge to wrestle another fraternity member would not be against the law as long as standard rules of Greco-Roman wrestling are upheld because this is unlikely to result in great bodily injury. On the other hand, forcing someone to drink excessive alcohol would violate the law, as alcohol poisoning is a real threat that could cause serious injury or even death.
There are a lot of distinctions to hazing crimes, which is why it pays to have the right criminal defense lawyer on your side.
Why is Hazing Illegal?
To put it simply, this penal code exists to protect students from dangerous initiation practices. While California law previously prohibited hazing acts likely to result in serious harm, the crime was only a misdemeanor until 2006, when it became a felony. The change to the law also ensured that unofficial fraternities not officially recognized by a school could still be held responsible for hazing crimes.
These changes, officially codified under 245.6 (PC), were added after a student of California State University, Chico was found dead in the basement of a nearby fraternity. That student, Matt Carrington, motivated lawmakers to strengthen the state’s anti-hazing laws, which is why the statute is often called “Matt’s Law.”
Defenses Against These Charges
If the crime you have been accused of does not meet all of the distinct qualifications of California’s hazing law, you cannot be charged with hazing. No hazing occurred if:
- the ritual was not part of an initiation or pre-initiation event
- the organization is not remotely associated with any college, university, community college, school, or other educational institution
- the serious bodily injury or death was due to an unforeseen accident
- the activity was likely to result in harm to someone who was not a student of any school
For example, if a student gets hit by a car while crossing the street as part of a ritual, it is not the fault of the organizers of the event. Similarly, it would be a crime if a fraternity’s initiation ritual involved blasting an air horn right in the face of a student from a rival college, as it could cause hearing damage. However, if the initiation involved doing the same action to a homeless person, while the people involved could be charged with assault or battery, they would not be guilty of hazing since the victim was not a current, former, or prospective student.
Penalties for Hazing Charges in California
If no actual bodily harm has occurred, this offense will be charged as a misdemeanor, but if someone has been injured, it can be either a misdemeanor or a felony. Misdemeanor charges can carry a sentence of up to one year in county jail and $1,000 in fines, while felony offenses can result in a state prison term of up to three years. An experienced hazing defense lawyer can be critical in helping to fight these charges and minimizing the potential penalties.
A Local Hazing Example in Vista
In 2022, members of the Vista High School football team were accused of illegal hazing after a video was released showing a 14-year-old boy being carried into a locker room and pushed to the ground while another student held a wooden stick or broom handle. Later in the video the boy was seen pulling up his pants. After speaking to the victim and his parents, the sheriff’s department declined to press charges, saying no sexual hazing occurred.
Related Criminal Offenses
Those charged with violating California’s hazing laws are likely to face charges for other crimes as well. If the activity likely to cause bodily harm is a crime, defendants will also be charged for any other penal code violations. Common offenses charged alongside hazing include sexual assault, battery, and furnishing alcohol to minors.
Even if you are not directly responsible for the hazing, you could be accused of aiding and abetting. Simply participating in a hazing incident by being the purchaser of the alcohol involved could result in your criminal liability. Never speak with the police about a college hazing incident without your defense attorney present —it can be all too easy to say something you think will work in your defense and end up admitting guilt instead.
If you have been charged with hazing or have any questions about the crime, please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation with Vista attorney Peter M. Liss.
