Each state defines hazing differently, meaning that different behaviors may qualify as hazing from state to state. Additionally, each state punishes hazing differently; behaviors that might result in misdemeanor charges in one state may result in felony charges in another.
If you or someone you love has recently been a victim of hazing, you must know what your state’s hazing laws look like and how you can work within those laws to get the justice you deserve.
Fortunately, you don’t have to break down the logistics of each state’s hazing laws on your own. Our Ohio hazing lawyers can meet with you and discuss how state hazing laws vary, and how those variations may impact your post-hazing recovery.
Where Is Hazing Illegal?
Forty-four states and the District of Columbia have state hazing laws naming hazing illegal as of 2024. Organizations that engage in hazing across these states may face misdemeanor or felony charges if they’re caught forcing other parties to engage in humiliating and/or actively dangerous behaviors.
However, each of these 44 states defines hazing differently, making it difficult to pin down what behaviors organizations and their participants are barred from engaging in. The consequences of hazing may vary from something as simple as a fine to felony jail time.
In other words, parties who think they may have been a victim of hazing must break down the specific laws applicable to their institution and state before they can determine what right they have to hold a hazer accountable for their actions.
Where Is Hazing a Felony?
Of the 44 states that have made hazing illegal, 12 have declared hazing a felony offense, while the remaining 32 consider hazing a misdemeanor. That breadth in possible punishments goes to show how significantly state hazing laws vary.
The states in which hazing is a felony are:
- California
- Florida
- Illinois
- Indiana
- Louisiana
- Michigan
- Missouri
- New Jersey
- Pennsylvania
- Texas
- Utah
- Wisconsin
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What States Don’t Have Hazing Laws?
The six states in which hazing is not illegal are:
- Alaska
- Hawaii
- Montana
- New Mexico
- South Dakota
- Wyoming
While hazing may not be illegal in these states, academic institutions may still have hazing policies in place that make it possible to punish institutions that force other parties to engage in humiliating or unscrupulous activities. There are also federal policies that hazing victims can take advantage of to get the justice they deserve after a hazing incident.
What’s more, if an institution forces someone to participate in illegal activities, including theft, assault, battery, and/or reckless endangerment, that institution and its representatives can still face prosecution for violating state law.
Which States’ Hazing Laws Have a Consent Clause?
Fifteen of the states with laws against hazing have a consent clause stating that if a participant gave their consent to engage in a hazing-like activity, they may struggle to name an acting institution guilty of criminal misconduct. These states are:
- Alabama
- Arkansas
- California
- Colorado
- Idaho
- Illinois
- Kansas
- Kentucky
- Minnesota
- Mississippi
- New York
- North Carolina
- North Dakota
- Rhode Island
- Tennessee
While consent can complicate these hazing cases, consent does not provide a perfect defense against criminal misconduct. Prosecutors have the right to determine whether or not consent was coerced, what additional laws hazers may have broken, and what other circumstances might make hazers guilty of misconduct.
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How Does the Stop Campus Hazing Act Interact With State Hazing Laws?
To address the degrees by which state hazing laws vary, the Biden Administration made the Stop Campus Hazing Act into law. This Act:
- Requires academic institutions to report hazing in an Annual Security Report
- Requires academic institutions to publish a report about hazing incidents on their campuses, the hazing policies they’ve implemented, and any organizations that have violated the campus’s hazing policies
- Promote hazing education across campuses and invest in hazing prevention programs
While the Stop Campus Hazing Act represents a step toward greater hazing justice throughout the United States, the Act is not comprehensive, nor does it make hazing illegal across the nation. Rather, it crafts a definition of hazing that states can refer to if they don’t have their own legislation in place, making it easier for states to punish hazing accordingly.
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How to Report Hazing
If you or someone you know wants to report a hazing incident, it’s in your best interest to call 911, even if you’re in a state without explicit laws against hazing. Calling 911 allows you to help someone get immediate medical attention, as necessary.
If the parties involved in a hazing incident aren’t seriously injured but still want to take legal action against an acting institution, you can call a police department’s non-emergency line and report an incident.
It’s often easier to report hazing incidents when you have a hazing injury lawyer on your side. Not only can an attorney speak with police officers on your behalf, but they can also help you report hazing to your school’s authorities. They can even help you protect yourself from institutional retaliation.
Our Hazing Injury Lawyers Are Ready to Work With You
Hazing poses a serious danger to the health and well-being of today’s college students. Even consensual hazing can see a student suffer traumatic injuries, post-traumatic stress disorder, and other detrimental mental health conditions.
If you or someone you love has fallen victim to hazing, you can make your state’s anti-hazing laws and federal legislation work for you. You can book a hazing case consultation with our attorneys free of charge and discuss how state hazing laws vary and impact your case.
Our team can then break down the steps you can take to demand compensation from the individuals or organizations responsible for your mistreatment.
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