Is Hazing Illegal in California? Charges and Penalties

Yes, hazing is illegal in California. Penal Code Section 245.6, known as Matt’s Law, makes it a criminal offense that can be charged as a misdemeanor or a felony depending on whether anyone was seriously hurt, and victims can also sue participants and the organizations behind the ritual for money damages.1California Legislative Information. California Code PEN 245.6

What Counts as Hazing

The statute defines hazing as any initiation or pre-initiation method connected to a student organization or student body that is likely to cause serious bodily injury to any current, former, or prospective student at a California school, community college, university, or other educational institution.1California Legislative Information. California Code PEN 245.6 It applies whether or not the group is officially recognized by the school, and it reaches fraternities, sororities, athletic teams, honor societies, marching bands, and any other student group. Customary athletic events and school-sanctioned events are explicitly excluded.

Two features of the law surprise people. First, the victim’s agreement does not matter. Someone who volunteered for the ritual is still a victim, and the people running it can still be prosecuted. Second, nobody has to actually get hurt. The conduct only has to be likely to cause serious bodily injury.

Misdemeanor Penalties

When hazing does not result in serious bodily injury, it is a misdemeanor. A conviction carries a fine of $100 to $5,000, up to one year in county jail, or both.1California Legislative Information. California Code PEN 245.6 This is the baseline charge for dangerous hazing where nobody ended up seriously injured.

Felony Penalties When Someone Is Seriously Hurt or Killed

When hazing causes death or serious bodily injury, the offense becomes a wobbler, meaning the prosecutor can file it as a misdemeanor or a felony.1California Legislative Information. California Code PEN 245.6 Charged as a misdemeanor, the maximum stays at one year in county jail. Charged as a felony, sentencing follows Penal Code Section 1170(h), which sets the term at 16 months, two years, or three years in county jail.2California Legislative Information. California Code PEN 1170

“Serious bodily injury” borrows its definition from the battery statute, Penal Code Section 243. It covers concussions, broken bones, wounds requiring stitching, and any injury involving loss of consciousness or impairment of a bodily function.

Other Charges Prosecutors Can Add

A hazing charge does not shut out other criminal charges arising from the same incident. The statute says so directly.1California Legislative Information. California Code PEN 245.6 Depending on what happened during the initiation, additional counts can include:

  • Assault or battery for forced physical contact or infliction of harm
  • Furnishing alcohol to minors when underage students are forced to drink
  • Sexual assault or sexual battery for any ritual involving sexual contact or humiliation
  • Involuntary manslaughter when a hazing death was unintended

Each count carries its own penalties, and a defendant can be convicted and sentenced on all of them. What begins as a misdemeanor hazing case can turn into a multi-count felony prosecution very quickly.

Who Else Can Be Held Responsible

The criminal statute targets individuals, but organizations are not off the hook. Fraternities, sororities, athletic teams, and other student groups routinely face institutional discipline, including suspension, loss of official recognition, or permanent removal from campus. National organizations often add their own sanctions, up to revoking a chapter’s charter.

On the civil side, Penal Code Section 245.6 lets a victim sue the organization directly when its officers, directors, trustees, managers, or agents authorized, participated in, or approved the hazing.1California Legislative Information. California Code PEN 245.6 That reaches beyond the members who physically ran the ritual to the leadership structure that allowed it.

Starting January 1, 2026, the Stop Campus Hazing Act adds the school itself to the list of possible defendants. Under Education Code Section 66308, a victim can sue the educational institution when the school was directly involved or knew (or reasonably should have known) about the hazing and failed to take reasonable preventive steps, and the organization was affiliated with the institution at the time.3California Legislative Information. California Code EDC 66308 Schools that maintain and enforce a full set of anti-hazing policies, employee rules, and prevention programming can claim a rebuttable presumption that they did enough, but a victim can still overcome that presumption by showing the policies existed only on paper.

Civil Lawsuits by Victims

A civil suit runs on its own track, separate from any criminal case. Damages typically cover medical expenses, psychological counseling, pain and suffering, and lost earning capacity.

One financial detail catches many defendants and their families by surprise. Homeowners and renters insurance policies almost always exclude intentional acts, and hazing is intentional by definition. A family policy generally will not cover a hazing judgment, so the money comes out of the participant’s own pocket.

Deadlines to File

Time limits are strict and vary by case type. Misdemeanor hazing charges generally must be filed within one year of the offense. Felony charges typically carry a three-year window. A civil personal injury lawsuit must be filed within two years of the injury, though a minor’s clock may not start until they turn 18.

Courts dismiss late filings regardless of how strong the evidence is. Anyone who has been hazed, or who is facing a possible charge, should talk to an attorney well before any of these dates approaches.