Is Harassment a Crime in California?

July 24, 2026 | Nafiz M. Ahmed

Harassment allegations can arise in many different situations, from repeated unwanted contact to accusations involving threatening or intimidating behavior. Depending on the circumstances, the allegations may lead to criminal charges, a restraining order, or both.

Knowing how California law addresses harassing conduct can help explain why some cases result in criminal prosecution while others do not. Whether an accusation results in criminal charges depends on the specific facts and the California law prosecutors believe was violated.

What Is Considered Harassment Under California Law?

California does not have one criminal law that covers every type of harassment. Instead, whether conduct is considered criminal depends on the specific actions involved and the statute prosecutors believe was violated.

Not every unpleasant interaction is against the law. A single disagreement, rude comment, or isolated argument generally does not, by itself, result in criminal charges. Instead, prosecutors typically look at the nature of the conduct, whether it was repeated, whether threats were involved, and whether the facts satisfy the elements of a specific criminal offense.

Common Examples of Harassment

Conduct that people describe as harassment can take many different forms. In some situations, the behavior may be annoying or inappropriate without violating the law. In others, repeated or threatening conduct may lead to criminal charges or a request for a civil restraining order.

Conduct that people commonly describe as harassment may include:

Repeated unwanted phone calls, text messages, or emails
Following or repeatedly showing up near another person
Making threats intended to intimidate someone
Sending harassing messages through social media or other electronic platforms
Repeated conduct intended to alarm or intimidate another person

Whether these actions violate California law depends on the surrounding circumstances. The same type of conduct may result in no legal action, a civil restraining order, or criminal charges, depending on the available evidence.

What Crimes Could You Be Charged with for Harassment in California?

There is no single California law that makes every form of harassment a crime. Instead, criminal liability depends on the conduct involved.

For example, prosecutors may file charges involving:

Stalking when someone repeatedly follows or harasses another person and makes a credible threat.
Criminal threats when someone threatens to commit a crime that could result in death or great bodily injury.
Electronic harassment under California Penal Code § 653.2, which prohibits certain electronic communications intended to cause another person to face unwanted physical contact, injury, or harassment by a third party.
Violating a protective or restraining order by knowingly disobeying a valid court order.

The charge depends on the alleged conduct, the available evidence, and the facts of the case. Some offenses may be prosecuted as misdemeanors, while others may be charged as felonies.

What Should You Do if You’re Accused of Harassment?

If you have been accused of harassment, the decisions you make afterward may affect your case. Even if you believe the allegations are false or exaggerated, it is important to avoid conduct that could make the situation worse.

If you are accused of harassment, consider the following:

Do not contact the alleged victim unless permitted by law or court order.
Follow any restraining or protective orders that have been issued.
Save text messages, emails, social media posts, and other communications that may be relevant.
Avoid discussing the allegations with others or posting about them online.
Speak with a criminal defense attorney before answering questions from law enforcement.

Because statements, text messages, social media posts, and other communications may become evidence, it is important to be cautious about how you respond after an accusation.

Contact Ahmed & Sukaram, Criminal Defense Attorneys to Schedule a Confidential Consultation with a San Jose Criminal Defense Attorney

Harassment allegations can involve a wide range of conduct, and in some situations, prosecutors may pursue criminal charges under specific California laws. The facts of the case, the available evidence, and the applicable statute all play a role in how these cases are handled.

For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500