Hazing in PA (Maximums and Defenses)

It’s a different time now. Hazing used to be part of the culture of growing up. As distasteful as it may be, it existed. Now, it is criminalized. The tipping point between acceptable behavior and criminal behavior is wide. This can totally be politicized and subject to wildly different spirit of prosecution. Don’t become a political scapegoat. 

When folks ask “How is the best hazing attorney near me?” The only option is coming to The McShane Firm when you need the best criminal defense lawyer.

Hazing
Hazing

 

The Law:

There are four different laws surrounding hazing. You can read the exact statute here:

The government’s job and how we beat them

It al comes from details. Knowing more than the government is vital. Details win cases, Lack of details loses cases. Hazing cases typical involves culture. Culture is something established over years and decades. It is inherited from others. Rarely is hazing something new to an institution. There is a rich context and history. The tolerance for different styles of events can lead to unfair outcomes. In one county  the events may not raise an eyebrow. In another county it may be the crime of the century. Plus, the press stoke the flames of the mob. 

This is where we shine. We hold the government to its job. You have no job. You don’t have to prove anything. The default is not guilty. We look to put as many roadblocks and pitfalls as possible for the government to run into. The government must prove its case beyond a reasonable doubt. Further, you are presumed to be innocent. We specialize in keeping the presumed to be innocent, to remain innocent.

The government has specific parts of the law (called elements), that it must prove. The government must prove each and every element beyond a reasonable doubt. Let’s look at the elements of Hazing.

The elements and maximum penalties of the crimes of Hazing:

§ 2802.  Hazing.

  1. the accused
  2. intentionally, knowingly or recklessly,
  3. for the purpose of initiating, admitting or affiliating a minor or student
  4. into or with an organization, or for the purpose of continuing or enhancing a minor or student’s membership or status in an organization
  5. caused, coerced or forced a minor or student to do any of the following:
    1. Violate Federal or State criminal law.
    2. Consume any food, liquid, alcoholic liquid, drug or other substance which subjects the minor or student to a risk of emotional or physical harm.
    3. Endure brutality of a physical nature, including whipping, beating, branding, calisthenics or exposure to the elements.
    4. Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact or conduct that could result in extreme embarrassment.
    5. Endure brutality of a sexual nature.
    6. Endure any other activity that creates a reasonable likelihood of bodily injury to the minor or student.

The law specifically excludes as a crime of hazing “reasonable and customary athletic, law enforcement or military training, contests, competitions or events.”

Maximum Penalties for Hazing

If the events resulted in or created a reasonable likelihood of bodily injury to the minor or student, it is a misdemeanor of the third degree (max jail of one year and $2500.00). If not then it is a summary offense (max jail of 90 days and $300). 

The elements and maximum penalties of the crimes of Hazing:

§ 2803.  Aggravated hazing.

  1. the accused
  2. committed a violation of section 2802 (relating to hazing) that
  3. resulted in serious bodily injury or death to the minor or student and:
    1. the person acted with reckless indifference to the health and safety of the minor or student; or
    2. the person caused, coerced or forced the consumption of an alcoholic liquid or drug by the minor or student.

Maximum Penalties for Hazing

All convictions for Aggravated Hazing is a felony of the third degree (max jail of seven years and $15,000).

The elements and maximum penalties of the crimes of Organizational Hazing:

§ 2804.  Organizational hazing.

  1. the accused organization
  2. intentionally, knowingly or recklessly
  3. promoted or facilitated
  4. a violation of section 2802 (relating to hazing) or 2803 (relating to aggravated hazing).

Maximum Penalties for Organizational Hazing

You cannot jail an organization. But it is still criminal charges. Criminal convictions for crimes open organizations to civil lawsuit liability. A fine of not more than $5,000 for each violation of section 2802. A fine of not more than $15,000 for each violation of section 2803.

The elements and maximum penalties of the crimes of Institutional Hazing:

§ 2805.  Institutional hazing.

  1. the accused institution
  2. intentionally, knowingly or recklessly
  3. promoted or facilitated
  4. a violation of section 2802 (relating to hazing) or 2803 (relating to aggravated hazing) 

Maximum Penalties for Institutional Hazing

You cannot jail an institution. But it is still criminal charges. Criminal convictions for crimes open organizations to civil lawsuit liability. A fine of not more than $5,000 for each violation of section 2802. A fine of not more than $15,000 for each violation of section 2803.