How California Law Defines Harassment: What Counts as a Crime?

Many people use the word “harassment” to describe a wide range of unpleasant or unwanted behavior. But legally, the meaning of harassment in California is far more specific—especially when it comes to behavior that can lead to criminal charges. Understanding exactly when conduct crosses the line from rude or annoying to criminal is critical for anyone facing accusations, dealing with a restraining order, or trying to protect their rights.

This guide explains how California law defines harassment, when it becomes a crime, which statutes apply, what behavior qualifies, and what defenses may be available.

What “Harassment” Means Under California Criminal Law

While California uses the term “harassment,” it’s important to understand that there is no single criminal charge simply called ‘harassment.’ Instead, harassment is defined within several specific criminal statutes. These laws cover behaviors such as:

• Stalking

• Cyber or electronic harassment

• Criminal threats

• Hate-based intimidation

• Harassment of minors

Each statute has its own legal definition of harassment and its own required elements the prosecutor must prove.

1. Stalking (Penal Code 646.9)

Stalking is one of the most commonly charged forms of criminal harassment in California. Under this law, a person may be guilty of stalking if they:

1. Willfully, maliciously, and repeatedly follow or harass another person, and

2. Make a credible threat intended to place that person in reasonable fear for their or their family’s safety.

Key points the court considers:

• Willfully means the conduct was intentional.

• Maliciously means the person acted with intent to annoy, harm, or disturb.

• Repeatedly means more than one incident—there must be a pattern.

• A credible threat must be believable to a reasonable person and appear capable of being carried out.

Penalties:
Stalking can be charged as a misdemeanor or felony, depending on the circumstances. Jail or prison time, fines, probation, and restraining orders are all possible consequences.

2. Cyber Harassment or Electronic Harassment (Penal Code 653.2)

With today’s technology, harassment often happens online or through digital communication. Penal Code 653.2 makes it a crime to use electronic devices to deliberately place a person in fear for their safety.

Examples of conduct that may qualify:

• Sending repeated threatening or intimidating messages

• Posting someone’s personal information to encourage others to harass them

• Distributing private images or data to cause fear or emotional harm

• Creating online posts intended to terrorize or alarm

• Harassing someone through social media, email, texts, or apps

To be criminal, the behavior must:

• Be intentional

• Serve no legitimate purpose

• Be part of a course of conduct (not just one isolated message)

• Cause a reasonable person to feel seriously alarmed, annoyed, tormented, or scared

Penalties:
Cyber harassment is typically a misdemeanor, punishable by jail time, fines, and protective orders. In certain cases, it can also be used to support additional charges.

3. Criminal Threats (Penal Code 422)

Criminal threats involve statements or messages that threaten death or great bodily injury. The threat can be verbal, written, or sent electronically.

For a charge to stand, prosecutors must show:

• The threat was explicit and made with the intent that it would be taken seriously

• The victim actually experienced reasonable fear

• The fear was more than momentary or fleeting

• The threat appeared capable of being carried out

Critically, a person does not have to actually carry out the threat for it to be criminal.

Penalties:
This offense is a “wobbler,” meaning it can be charged as a misdemeanor or felony. A felony conviction can carry up to several years in state prison and may count as a strike under California’s Three Strikes law.

4. Hate-Based Harassment or Intimidation (Penal Code 422.6)

California takes harassment motivated by bias especially seriously. A person may be charged under this law if they threaten, intimidate, or interfere with someone’s rights because of the victim’s:

• Race

• Religion

• Gender identity

• Sexual orientation

• Disability

• Nationality

• Other protected characteristics

The prosecution must prove the harassment was motivated — even partly — by bias.

Penalties:
Depending on how the conduct is charged, penalties may include fines, probation, required counseling, or jail or prison time.

5. Harassment of a Child or Ward (Penal Code 11414)

California offers added protection for minors. A person can be charged with this offense if they intentionally and repeatedly do something that:

• Seriously alarms, annoys, torments, or terrorizes a child, and

• Has no legitimate purpose

Examples include following a child, taking unauthorized recordings, or contacting them repeatedly in disturbing ways.

Penalties:
This offense can lead to substantial fines and jail time.

When Harassment Becomes a Crime in California

Not every uncomfortable or unpleasant interaction is criminal. For harassment to rise to a criminal level, certain legal elements must be present. Generally, harassment becomes a crime when:

1. There Is a Repeated Pattern

A single rude message or argument is usually not enough. Most statutes require more than one act.

2. The Conduct Is Intentional

Accidental communication or behavior without harmful intent usually does not qualify.

3. The Behavior Would Alarm a Reasonable Person

Courts look at how an average person—not just the victim—would interpret the conduct.

4. The Acts Serve No Legitimate Purpose

Protected speech, lawful protest, or necessary communication in legal matters may be excluded.

5. A Credible Threat Is Made

In many statutes, threats must be believable and create real fear.

What Criminal Harassment Is Not

Many people confuse normal interpersonal conflicts with criminal harassment. Common examples that do not automatically qualify as crimes include:

• Arguments or heated conversations

• One unpleasant text or message

• Negative but non-threatening online comments

• Behavior that is irritating but not threatening

• Communication required for co-parenting or shared property

Criminal harassment requires much more than hurt feelings or simple annoyance.

Examples of Criminal Harassment

Behavior may be considered criminal when it involves:

• Repeatedly showing up at someone’s home, workplace, or school

• Sending dozens of threatening or disturbing messages

• Posting private information about someone to incite harassment

• Following someone after being told to stop

• Threatening physical harm

• Creating social media content meant to terrorize or intimidate

• Harassing a child through messages, recordings, or contact

Each scenario depends heavily on context and intent.

Defenses to Harassment-Related Charges

An experienced criminal defense attorney will examine the specific facts of the case, including the language used, communication history, and evidence of intent. Some common defenses include:

1. Lack of Intent

The accused did not intend to threaten, harm, or alarm the other person.

2. No Credible Threat

The alleged threat was vague, playful, exaggerated, or not reasonably believable.

3. Misinterpretation or Emotional Reaction

The alleged victim misunderstood the communication.

4. No Repeated Pattern

A single act or message may not be enough to meet the legal definition.

5. False Accusations

Harassment allegations often arise in emotionally charged situations such as breakups, custody disputes, or neighbor conflicts.

6. First Amendment Protection

Some speech—though offensive—is protected under the Constitution.

7. Insufficient Evidence

Prosecutors must prove every element beyond a reasonable doubt. If they cannot, charges may be dismissed.

Why Understanding These Laws Matters

A criminal harassment accusation can have severe consequences, including arrest, restraining orders, criminal records, jail or prison time, and long-term damage to your reputation and career. Many people do not realize how their texts, posts, or interactions may be interpreted by others—or how quickly a simple disagreement can escalate into criminal allegations.

If you’re facing accusations of harassment, the earliest possible involvement of a criminal defense lawyer can make a dramatic difference in the outcome.

Need Help? Contact Southwest Legal Today

Harassment-related charges are complex, emotionally charged, and often misunderstood. Whether you are being accused, under investigation, or dealing with an aggressive complainant, you should not face the legal system alone. Southwest Legal provides experienced, strategic, and aggressive criminal defense representation for anyone facing harassment, stalking, or related charges in Southern California. Call us now for a free, confidential case evaluation. We will explain your rights, protect your freedom, and fight for the best possible outcome in your case.