Is catcalling illegal in California? Here’s when it may be considered sexual harassment
There are various risks you take when you decide to go for a walk outside. You might feel the wrath of the day’s weather, get in the way of an unleashed dog, witness a reckless driver — or catch the eye of a catcaller.People recently took to online community threads to share their experiences of being catcalled in Sacramento. One man was heckled by another man on a bike to give him his number. In another instance, a person was taunted by a group of men at a local gas station.At what point does this form of public harassment become illegal?What is catcalling?Catcalls refer to when someone shouts, threatens or comments, sometimes sexually suggestive, to another person in public.California laws on catcallingCatcalling is considered sexual harassment in California, therefore, it is illegal in the state.According to the California Penal Code, any person who “engages in lewd or dissolute conduct in any public place” is guilty of disorderly conduct, which is a misdemeanor offense.Lewd is refe
There are various risks you take when you decide to go for a walk outside. You might feel the wrath of the day’s weather, get in the way of an unleashed dog, witness a reckless driver — or catch the eye of a catcaller.
People recently took to online community threads to share their experiences of being catcalled in Sacramento. One man was heckled by another man on a bike to give him his number. In another instance, a person was taunted by a group of men at a local gas station.
At what point does this form of public harassment become illegal?
What is catcalling?
Catcalls refer to when someone shouts, threatens or comments, sometimes sexually suggestive, to another person in public.
California laws on catcalling
Catcalling is considered sexual harassment in California, therefore, it is illegal in the state.
According to the California Penal Code, any person who “engages in lewd or dissolute conduct in any public place” is guilty of disorderly conduct, which is a misdemeanor offense.
Lewd is referring to actions that may be sexually offensive, which, as HerLawyer — an online attorney service — stated on its website, includes obscene gestures and comments. The service adds that catcalling may also be considered sexual harassment under the California Civil Code, as the action “seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.”
There are other laws that can be used to target catcallers, according to Stop Street Harassment, a non-profit focused on reporting and stopping gender-based street harassment.
This includes:
California Penal Code 647.6: It is illegal for anyone to annoy or sexually assault a child under 18.
California Penal Code 640: This code protects people from various offenses on public transportation, such as disturbance and blocking someone’s free movement.
California Penal Code 370-372: This is a general law that covers different types of public nuisance. This includes routinely harassing people on the same street daily.
Fines and jail time
Penalties for these violations may vary.
If charged with disorderly conduct, the perpetrator may face a fine of up to $1,000 and/or up to six months in jail.
For Penal Code 647.6, the harasser may get a fine of up to $5,000 and/or up to one year in jail, as well as mandated counseling and a restraining order, according to Stop Street Harassment.
Offenses on public transportation entail a fine of up to $400, community service, and/or 90 days in jail.
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