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In addition to, or instead of, strengthening existing laws, what if there was a law or ordinance specific to street harassment?

This is something that legal scholars like Cynthia Grant Bowman, author of “Street Harassment and the Informal Ghettoization of Women,” and Tiffany Heben, author of “A Radical Reshaping of the Law: Interpreting and Remedying Street Harassment” have explored.

The following is Grant Bowman’s proposed public ordinance for street harassment at the state or municipal level. (At Stop Street Harassment, we would suggest making it gender neutral to include men who are targets of harassers and the few women who initiate street harassment.)

It shall be a misdemeanor, punishable by a fine of $250, to engage in street harassment. Street harassment occurs when one or more unfamiliar men accost one or more women in a public place, on one or more occasions, and intrude or attempt to intrude upon the woman’s attention in a manner that is unwelcome to the woman, with language or action that is explicitly or implicitly sexual. Such language includes, but is not limited to, references to male or female genitalia or to female body parts or to sexual activities, solicitation of sex, or reference by word or action to the targets of the harassment as the object of sexual desire, or similar words that by their very utterance inflict injury or naturally tend to provoke violent resentment, even if the woman did not herself react with violence. The harasser’s intent, except his intention to say the words or engage in the conduct, is not an element of this offense. This section does not apply to any peaceable activity intended to express political views or provide public information to others. A woman’s dress and prior sexual history are irrelevant to the issue whether the harassment was welcome or unwelcome to her…Any person aggrieved under this statute shall have a private cause of action for damages.

Bowman concedes that the ordinance she proposed is subject to First Amendment challenge. Since the ordinance is both gender-based and content-based in its description of the prohibited behavior and “underbroad” in the conduct it prohibits, the statute could be argued to be invalid. Nonetheless, she says that these possible problems should not deter people from working to pass such an ordinance because the process alone of introducing legislation and campaigning for its passage would likely incite public discussion about street harassment and raise consciousness of it as a problem.

Heben came to similar conclusions as Bowman and generally agrees with Bowman’s proposed ordinance. The biggest hurdle she foresees in passing such a law is the inability to predict if people will actually use it and report harassment. Based on precedent, she found that many women feel that the police and the legal system will continue to fail to acknowledge the gravity of women’s experiences, so women may decide not to waste their time and energy reporting an incident that will not be taken seriously.

Heben fears, rightly so, that discrimination against women in the LGBQT community and women of color might also deter women in those groups in particular from reporting their experiences of harassment. Also, she says, women of color may understandably fear that a law against street harassment will be used to unfairly prosecute men of color and may “regard an ordinance against it as yet another way to punish black men, rather than empower black women.”

Thus, Heben writes, and we agree, all women need to collaborate to develop an ordinance that is sensitive and useful to all populations.

Overall, despite the current shortcomings of Bowman and Heben’s proposed statutes, both scholars support the modification of current laws to deter street harassment and the introduction of a law that criminalizes severe street harassment.

Also, interestingly, in her study of offensive speech in the California Bay Area, sociologist Laura Beth Nielsen found little support for an expanded government role in legislating sexist and racist speech, even among men and women who believed strongly that such speech is offensive and morally wrong. White men tended to cite the First Amendment to support their position, while white women and people of color believed that policing sexist speech would either not work or would backfire. Nielsen, though, believes from her research that changes in law would have an “important symbolic effect.” New laws, she said, would help women make the case that harassment “doesn’t just suck, but is illegal.”

Stop Street Harassment agrees and we would support a specific, well-publicized anti-street harassment law as it could deter harassers, and, perhaps more importantly, it would help quicken our gradual societal shift away from trivializing and dismissing street harassment. It would also offer people more options for dealing with their harassers.

Further, in most cities there are public ordinances against nuisances like littering, not picking up dog waste, and panhandling. Street harassment is a much bigger problem in many people’s, and especially women’s lives, than these problems, as it can negatively impact their quality of life and limit access to public spaces. If these issues have ordinances, surely we can have one that addresses street harassment!

If you are interested in advocating for an anti-street harassment ordinance or law, or want to strengthen an existing law relevant to street harassment and need help, contact us!

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In this section, we highlight some of the states laws we think could best apply to street harassment, what elements we think could strengthen other state laws, and conclude by exploring what legal scholars have said about creating a specific anti-street harassment law.

The Best Laws

There are many states with good laws; these laws are the ones that stood out to us as being potential models for other states. Thus, this list is not exhaustive.

 

Verbal Harassment | Unlawful Recording/Filming | Indecent Exposure |
Obstructing Your Path | Following | Groping | Hate Crimes

Please note, we are not lawyers or legal scholars, so our list of best laws comes from the perspective of advocates and women who have been frequently street harassed. Not everyone may agree with this, and that is fine! If you have suggestions for which law(s) you think best address street harassment, please contact us.

Verbal Harassment

The following are 20 examples of laws that do a good job of addressing at least some forms of street harassment.

Arizona
Harassment
Title 13, Chap. 29 §2921

Under Arizona’s harassment law it is illegal for anyone to communicate with you in a harassing manner or to repeatedly commit an act or acts that harass you. The statute defines harassment as “conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person.”

This is a fairly broad law that should cover many types of street harassment. If someone is speaking to you or doing some other action that seriously alarms or annoys you, you can report him/her.

California
Harassment on Public Transportation
Title 15, Chap. 2 §640

California code identifies a number of “miscellaneous offenses” that can protect you from harassment on public transportation. It is unlawful to do any of the following on public transportation:

* Disturb another person by making loud or unreasonable noise.

* Willfully disturb others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.

* Willfully block the free movement of another person.

* Expectorate (spit) upon a system facility or vehicle.

If a harasser is excessively boisterous or loud, such as shouting at you, blocks your path, or spits at you while you’re on public transportation, you can report him/her.

Colorado
Unlawful Conduct on Public Property
Title 18, Article 9, §117

In Colorado, supervisors, managers, and administrators of public property and spaces have the power to proscribe the acceptable conduct within that public space. Their rules for the use of the space are enforceable by law if s/he are posted publicly, including rules that prohibit “activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance.”

Under this section of Colorado code, administrators of public parks, schools, libraries, hospitals, transportation, government buildings, and other public property can (and may already) prohibit acts of street harassment or establish and enforce Harassment Free Zones. Check the posted rules in public venues. If it is illegal, you can report it. If there are no rules against harassment, consider raising the issue with the owners/managers of public spaces.

Florida
Breach of the Peace and Disorderly Conduct
Title XLVI, Chap. 877 §3

Florida’s breach of peace and disorderly conduct law is quite broad and it includes acts that “outrage the sense of public decency,” affect the peace and quiet of persons who may witness them, and constitute a breach of the peace or disorderly conduct.

Many examples of street harassment could fall into these categories, such as shouting, homophobic or transphobic slurs, or lewd or sexually explicit comments, and you can report that person.

Hawai’i
Harassment
Title 37 §711-1106

In Hawai’i, it is illegal for anyone, with the intent to harass, annoy, or alarm you, to:

* Repeatedly communicate with you after you have told him or her to stop.

* Insult, taunt, or challenge you, or use offensive language toward you in way that makes you reasonably believe the harasser will cause you bodily harm.

* Strike, shove, kick, or otherwise touch you in an offensive way or subject you to offensive physical contact.

You can report street harassers who threaten you, use inappropriate language, physically touch you, or repeatedly ask for your name/number or to go out with you after you have told the person to stop.

Iowa
Harassment
Title XVI, Subtitle 1, Chap. 708 §708.7

Iowa law prohibits an encounter “in which two or more people are in visual or physical proximity to each other” and one person, “purposefully and without legitimate purpose,” intentionally threatens, intimidates, or alarms the other person.

A threatening, intimidating, or alarming action could include:

* Verbal harassment

• Insults
• Obscene or explicit language
• Racial, homophobic, or transphobic slurs

If a street harasser does something that is clearly threatening, intimidating, or alarming, you can report him/her.

Louisiana
Disturbing the Peace
§14.103

Louisiana’s law against disturbing the peace prohibits a number of actions, including the most common street harassment behaviors. The relevant section reads:

“Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public: […] Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him [or her] by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty.”

Essentially, if you are lawfully in a public place, you have the right to be free from offensive verbal harassment. If someone insults you, uses obscene language toward you, or otherwise verbally harasses you or prevents you from pursuing the business of your day, you can report him or her for disturbing the peace in Louisiana.

Massachusetts
Disorderliness in Public Conveyances & Disturbance of Travelers
Title 1, Chap. 272 §43

Massachusetts law prohibits disorderly conduct and disturbing or annoying passengers by using “profane, obscene or indecent language, or by indecent behavior” on public transportation and “conveyances” in general that are open to the public.

If someone is harassing you on public transportation, you can report him/her.

Michigan
Undesired and Unwelcome Accosting – Detroit
Part III, Chap. 38, Article IX, §6

In the city of Detroit, it’s illegal for anyone to continue to accost someone after that person has asked him or her to stop or has reasonably and clearly communicated that continuing to accost him/her is undesired and unwelcome.

The city law defines accosting as “the act of approaching and communicating, by word, gesture, or any other means, with another person or persons without having been communicated to first.”

If a street harasser approaches you and speaks to you, and you do not want him or her to, you have the right to tell him or her to stop and to report him or her for accosting you if s/he does not stop. If you feel safe to do so, you can say clearly to the harasser “Stop harassing me,” “Stop talking to me,” or make it known in some other way that his or her attention is undesired. If the harassment does not stop, you have the right to report it to the police.

Montana
Disturbing the Public Peace
Okla. Stat. Title 21, § 22
Willfully engaging in acts that “outrage public decency” or “grossly disturbs the public peace” is illegal in Oklahoma.

Many actions and comments of street harassers make could qualify as outraging public decency when they involve sexually explicit remarks, sexual demands, and/or insults. If a street harasser is using this kind of indecent language toward you, you can report him/her.

Nevada
Offenses in Public Conveyances
Nev. Rev. Stat. § 203.100

It is illegal in Nevada for anyone to “use profane, offensive or indecent language or engage in any quarrel in any public conveyance, or interfere with or annoy any passenger therein.

If someone is using inappropriate language or harassing you on public transportation or on any bus, railroad, or other conveyance open to the public, you can report him/her.

New Jersey
Disorderly Conduct
Title 2C, Chap. 33 §2

It is considered disorderly conduct in New Jersey for anyone to purposefully “offend the sensibilities of the hearer” by addressing “unreasonably loud and offensively coarse or abusive language” at a specific person in a public place.

New Jersey’s disorderly conduct law also prohibits:

* Fighting

* Making threats

* Engaging in violent or tumultuous (noisy or uproarious) behavior

* Creating a hazardous or physically dangerous condition in a public place with the intent to “cause public inconvenience, annoyance or alarm”

If a street harasser is yelling at you, threatening you, using offensive or abusive language, or otherwise making a scene, you can report him/her.

New Jersey
Harassment
Title 2C, Chap. 33 §4
New Jersey’s law against general harassment prohibits:

* Communicating with another person using offensively coarse language.

* Subjecting someone to offensive physical contact, striking or kicking, or threatens to do so.

* Engaging in another course of conduct meant to alarm or seriously annoy the person.

If a street harasser uses sexually explicit language, follows you, threatens you, touches you in an offensive way, blocks your path or tries to keep you from leaving a space, you can report him/her.

New York
Disorderly Conduct
Title N, Article 240 §20

New York State has a broad law against “disorderly conduct;” prohibited actions relevant to street harassment include:

* Fighting or violent, tumultuous or threatening behavior.

* Unreasonable noise.

* Abusive or obscene language or obscene gestures in a public place.

* Obstructing vehicular or pedestrian traffic.

* Congregating with a group in a public place and refusing to comply with a lawful police officer’s order to disperse.

* Creating a hazardous or physically offensive condition by an act that serves no legitimate purpose.

Examples of street harassment that might be considered disorderly conduct in New York include yelling sexist or homophobic comments, using obscene, offensive, or lewd language, or someone blocking your path on the sidewalk or in the street. If you experience any of these, you can report the harasser.

North Dakota
Disorderly Conduct
N.D.C.C. § 12.1-31-01

North Dakota’s disorderly conduct law encompasses several types of street harassment. Under the law, it is illegal for anyone to:

* Make intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

* Persistently follow a person around a public place

* Solicit sexual contact

* Use abusive or obscene language

* Make an obscene gesture

*Flash someone

* Make unreasonable noise.

If a street harasser is being excessively loud, such as shouting, or says or does anything that is obscene (including using sexual explicit language), follows you, or invades your privacy (such as persistently asking for your phone number, name, or a date after you’ve said no), you can report that person.

Ohio
Disorderly Conduct
Title 29, Chapter 2917 § 11

Ohio’s disorderly conduct law prohibits people from:

* Making unreasonable noise.

* Making an offensively course utterance or gesture.

* Preventing someone from moving along a public street or from entering/leaving a public or private property.

If a harasser is using sexually explicit or other offensive language, taunting you, shouting loudly at you, or stops you from using the sidewalk or entering a store or another public place, you can report him/her.

Oklahoma
Disturbing the Public Peace
Okla. Stat. Title 21, § 22

Willfully engaging in acts that “outrage public decency” or “grossly disturbs the public peace” is illegal in Oklahoma.

Many actions and comments of street harassers make could qualify as outraging public decency when they involve sexually explicit remarks, sexual demands, and/or insults. If a street harasser is using this kind of indecent language toward you, you can report him/her.

Pennsylvania
Harassment
Title 18, Chapter 27, § 2709

In Pennsylvania, the general harassment law includes a variety of actions. The following prohibited conduct is relevant to street harassment, if done with intent to harass, annoy or alarm another:

* Following someone in or about a public place.

* Striking, shoving, kicking or otherwise subjecting someone to physical contact, or attempting or threatening to do so.

* Engaging in a course of conduct or repeatedly committing acts which serve no legitimate purpose.

* Communicating to or about someone any lewd, lascivious, threatening or obscene words, language, drawings or caricatures.

This statute defines “course of conduct” as “a pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.”

If a harasser follows you, uses sexually explicit or obscene language, has some physical contact with you, or repeatedly commits acts which serve no legitimate purpose, you can report that person.
Vermont
Disorderly Conduct
Title 13, Chapter 19, § 1026

In Vermont, it is illegal for anyone to:

* Use abusive or obscene language.

* Make unreasonable noise.

* Engage in violent or threatening behavior in a public place with the intent of causing a public inconvenience or annoyance.

Many types of street harassment could qualify as disorderly conduct, such as harassers shouting at you, making lewd or sexually explicit comments, making abusive remarks like “fat cow,” or “ugly dyke,” or making threats to follow or assault someone. If someone is verbally harassing you in this way, you can report him/her.

Wyoming
Equal Enjoyment of Public Accommodations and Facilities
Title 6, Chapter, §101

The state of Wyoming guarantees full and equal enjoyment of all public agencies or place that invite the patronage of the public to everyone, as long as they are not doing anything illegal or otherwise misbehaving. No one can be denied entry or discriminated against based on his/her race, religion, color, sex, or national origin.

If someone is preventing you from going to or using a public space because of these reasons, whether directly (“People of your kind aren’t allowed in”) or because s/he is generally harassing you or others on the premises and this makes you unwilling to return, you can report that person to the police. For example, men may not harass women entering a corner store, making them unwilling to return, or at a public basketball court to keep women from playing there.

Unlawful Filming & Photography

Hawai’i
Violation of Privacy in the Second Degree
Title 37 § 711-1111

In Hawai’i, the following is illegal:

1. Photograph or film a person without his/her consent if that person is partially or fully undressed or engaged in sexual activity in a private place.

If a harasser films or photographs you someplace like public restrooms, dressing rooms, locker rooms, and hotel rooms, you can report him/her.

2. Photograph or film the intimate areas of a person’s body underneath his/her clothing while the person is in a public place.

If a street harasser takes an up-skirt or down-blouse photo of you, or otherwise observes or photographs you in an inappropriate way, you can report him/her.

New Hampshire
Violation of Privacy
§644:9

It is illegal in New Hampshire for anyone to observe, photograph, or record the private parts of a non-consenting person’s body either underneath clothing, or in a private place where one should reasonably expect privacy.

The law states that the private parts of your body include “the genitalia, buttocks, or female breasts, or a person’s body underneath that person’s clothing.”

If a harasser films or photographs you someplace like public restrooms, dressing rooms, locker rooms, and hotel rooms, and/or if a street harasser takes an up-skirt or down-blouse photo of you, or otherwise observes or photographs you in an inappropriate way, you can report him/her.

New Mexico
Voyeurism
Chap. 30, Article 9 §20

It is illegal in New Mexico for anyone to intentionally “view, photograph, videotape, film, webcast or record the intimate areas” of a non-consenting person’s body.

The intimate areas include a person’s naked or undergarment-clad genital area, groin, buttocks, anus or breasts.

This law applies in spaces where you might undress, such as a restroom, fitting room, or tanning booth, as well as when you have a reasonable expectation of privacy, whether in a public or private place.

If a street harasser attempts to view, photograph, or record you inappropriately, or is taking “up-skirt” or “down-blouse” photos of you, you can report him/her.

New York
Unlawful Surveillance in the Second Degree
Title N, Article 250 § 45

In New York, it is illegal for someone to intentionally photograph or film:

* A non-consenting person if it exposes that person’s sexual or intimate parts or the person is dressing or undressing, and if it is done under circumstances when that person has a reasonable expectation of privacy.

 If a harasser films or photographs you someplace like public restrooms, dressing rooms, locker rooms, and hotel rooms, you can report him/her.

* A non-consenting person under the clothing that person is wearing.

If a street harasser takes an up-skirt or down-blouse photo of you, or otherwise observes or photographs you in an inappropriate way, you can report him/her.

Virginia
Unlawful Filming, Videotaping, or Photographing of Another
§ 18.2-386.1

In Virginia, it is illegal to position a recording device directly beneath or between a person’s legs to film or photograph the person’s intimate parts or underwear when it would not otherwise be visible and when the person should reasonably expect privacy.

If a harasser films or photographs you someplace like public restrooms, dressing rooms, locker rooms, and hotel rooms, you can report him/her.

It is also illegal for anyone to intentionally film or photograph a non-consenting person if the image exposes the private areas of his or her body.

If a street harasser takes an up-skirt or down-blouse photo of you, or otherwise observes or photographs you in an inappropriate way, you can report him/her.

Indecent Exposure

Indecent exposure laws are very similar. We chose Alabama because it’s broad, Colorado because it’s straightforward, and D.C. as an example of a good city ordinance.

Alabama
Public Lewdness
Title 13A, Chap. 12 §130

A street harasser commits public lewdness if s/he exposes his or her genitals or anus in a public place and “is reckless about whether another may be present who will be offended or alarmed by his [or her] act,” or commits any lewd act that is likely to be observed by others who would be affronted or alarmed. The statute doesn’t specifically define a lewd act, meaning this law could encompass a variety of the obscene things street harassers do in public.

If you see a harasser flash anyone or engage in public masturbation, you can report him/her.

Colorado
Indecent Exposure
Title 18, Article 7, §302

These acts are considered indecent exposure in Colorado:

If a harasser flashes or otherwise exposes him or herself to you or is masturbating in front of you, and you feel alarmed or affronted, you can report that person for indecent exposure.

Washington, D.C.
Lewd, Indecent, or Obscene Acts
Title 22, Subtitle I, Chap. 13 §1312

It is illegal in D.C. for anyone to “make an obscene or indecent exposure” of his or her genitals or anus, to masturbate, or to engage in a sexual act in a public place.

If a street harasser exposes him or herself to you or flashes you, masturbates in front of you, or does any other sexual act in public, you can report him/ he

Obstructing Your Path

California

Obstructing Free Movement
Title 15, Chap. 2 §647c

Anyone who “willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor.”

If a harasser is preventing you from passing on a sidewalk, street, or other public place, such as in a park, you can report him or her for obstructing free movement. (Obstructing your free movement on public transportation is also illegal under §640).

Delaware
Obstructing Ingress or Egress from Public Buildings
Title 11, Chap. 5 § 1324

It is illegal in Delaware for a harasser to obstruct your entry to or exit from (ingress or egress) any public building. The law does not specify whether this applies only to publicly owned buildings or to any building open to the public.

If a harasser is obstructing your path while you are trying to enter or exit a public building, you can report him/her.

Following

Arkansas
Harassment
Title 5, Subtitle 6, Chap. 71 §208

In Arkansas, it is illegal for anyone, with the intent to harass, annoy, or alarm you, to follow you in or about a public place. You can report anyone who follows you to harass, annoy or alarm you.

Arizona
Harassment
Title 13, Chap. 29 §2921

Under Arizona’s harassment law it is illegal for anyone to follow you “in or about a public place for no legitimate purpose after being asked to desist.”

In order for the harassment law to apply, you must first ask the person to stop following you. Of course, only do this if you feel safe enough. Arizona’s law uses the verb “ask,” meaning that even a polite, non-confrontational request – if that’s what you’re most comfortable with – should be enough to establish your rights under the law. However, even if you do not feel safe enough to speak to the person, you can call 911 as soon as you are safe to do so.

Colorado
Harassment
Title 18, Article 9, §111

In Colorado, the harassment law prohibits anyone from following another person in or about a public place.

You can report street harassers who follow you, make overtly sexual references to you, or repeatedly taunt you. This Colorado law is one of the best in the country for addressing harassers who follow people because it does not state that the following must be repeated for it to be a crime.

Georgia
Stalking
Title 16, Chap. 5, Article 7

Stalking in Georgia is defined as someone following, placing under surveillance, or contacting a non-consenting person for the purpose of harassing or intimidating that person.

If someone follows you or harasses you and you feel threatened and unsafe, you can report that person. Unlike many other states, under this stalking law it is a crime the first time it happens.

Kentucky
Harassment
KRS Chapter 525, §70

Under Kentucky’s harassment law, it is illegal for someone to follow another person around in a public place with the intent to intimidate, harass, annoy, or alarm that person. The first time a street harasser follows you and you feel harassed, annoyed or alarmed, you can report that person using this law.

Minnesota
Stalking
§609.749

Stalking is illegal in Minnesota. The law defines stalking as conduct which causes another to feel frightened, threatened, oppressed, persecuted, or intimidated. Then it specifies the acts that, when done under these circumstances, constitute the crime of stalking. One of the included acts is following, monitoring, or pursuing another person. The law also specifies that it is not necessary to prove that the actor intended to cause you to feel scared or intimidated, but only that s/he did so, and it does not state that the stalking actions need to be repeated to constitute a crime.

If the same person follows you or harasses you and you feel threatened and unsafe, you can report that person. You may also have the right to a restraining order to prevent future harassment.

Pennsylvania
Harassment
Title 18, Chapter 27, § 2709

The law prohibits a person from “following someone in or about a public place” if done with intent to “harass, annoy or alarm” that person. You can report anyone who follows you to harass, annoy or alarm you.

Kentucky
Harassment
KRS Chapter 525, §70

Under Kentucky’s harassment law, it is illegal for someone to follow another person around in a public place with the intent to intimidate, harass, annoy, or alarm that person. The first time a street harasser follows you and you feel harassed, annoyed or alarmed, you can report that person using this law.

Minnesota
Stalking
§609.749

Stalking is illegal in Minnesota. The law defines stalking as conduct which causes another to feel frightened, threatened, oppressed, persecuted, or intimidated. Then it specifies the acts that, when done under these circumstances, constitute the crime of stalking. One of the included acts is following, monitoring, or pursuing another person. The law also specifies that it is not necessary to prove that the actor intended to cause you to feel scared or intimidated, but only that s/he did so, and it does not state that the stalking actions need to be repeated to constitute a crime.

If the same person follows you or harasses you and you feel threatened and unsafe, you can report that person. You may also have the right to a restraining order to prevent future harassment.

Pennsylvania
Harassment
Title 18, Chapter 27, § 2709

The law prohibits a person from “following someone in or about a public place” if done with intent to “harass, annoy or alarm” that person. You can report anyone who follows you to harass, annoy or alarm you.

Groping

Alaska
Harassment in the First and Second Degree
Alaska Stat. §11.61.118 & 120

There are two degrees of the harassment law that apply to groping.

1. The statute harassment in the first degree prohibits anyone from touching your genitals, breasts, or buttocks through clothing or causing you to come in contact with “human or animal blood, mucus, saliva, semen, urine, vomitus, or feces.”

If a street harasser touches you in an offensive way or causes you to come in contact with any bodily fluid, you can report him/her.

2. Alaska’s statute against harassment in the second degree prohibits subjecting “another person to offensive physical contact.”

If a street harasser makes any offensive physical contact with you, such as grabbing you by the arm, you can report him/her.

Maryland
Sexual Offense in the Fourth Degree
Md. Criminal Code, Title 3, Subtitle 3 §308

Sexual contact is intentionally touching a non-consenting person’s “genital, anal, or other intimate area for sexual arousal or gratification,” or for abuse.

If a street harasser grabs your crotch, butt, or breasts – whether on the street, in a store, on public transportation, or any place at all – you can report him/her.

Missouri
Sexual Abuse in the Second Degree
§566.101

It is illegal in Missouri for anyone to subject a non-consenting person to sexual contact.

Sexual contact is defined as “any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.”

If a street harasser touches your genitals or breasts, either over or under your clothing, or causes you to come in contact with his or her genitals – for example, by rubbing against you or putting your hand in his or her lap – you can report him/her.

Montana
Sexual Assault
§45-5-502

It is illegal for someone to force a non-consenting person to have sexual contact.

Sexual contact is defined as the touching of sexual or other intimate parts of another person directly or through clothing (meaning if the person touches you over your clothes) with the intent of causing that person bodily injury or to humiliate, harass or degrade that person, or for the harasser’s sexual gratification.

If anyone touches you in a sexual way against your will in a public place, such as on the street, at a bus stop, or in a bar, you can report him/her.

Virginia
Sexual Battery
§ 18.2-67.4

It is illegal for a person to sexually abuse someone by force, threat, intimidation, or ruse.

Sexual abuse is defined as touching a person’s intimate parts or touching the material directly covering such intimate parts or forcing someone to touch the harasser’s intimate parts.

If anyone touches you in a sexual way against your will in a public place, like on the street, at a bus stop, or in a bar, you can report that person.

Hate Crimes

The hate crime laws of California, Connecticut, Washington D.C., Missouri, New Mexico, Pennsylvania, and Vermont punish bias crimes more comprehensively, on the basis of all: race, religion, ethnicity, sexual orientation, disability, gender, and gender identity.

California
Title 11.6, Chap. 2 §422.6
In California, it is illegal for anyone, even a law enforcement officer or other representative of the state, to “willfully injure, intimidate, interfere with, oppress, or threaten” you or to limit your free exercise and enjoyment of the rights guaranteed to you by the State of California or the U.S. government because of your:

• Gender
• Sexual orientation
• Race or ethnicity
• Nationality
• Religion
• Disability
• Association with a person or group with one or more of these actual or perceived characteristics

If a street harasser threatens, intimidates, or injures you because of any of these characteristics – such as using a racial, homophobic, or gender-based slur in a threat – this harassment may be considered a hate crime in California. You can report any crime s/he has committed, as well as any indication of hate or bias, to the police. The California statute indicates that a hate crime does not consist of speech alone unless the harasser has threatened violence and appears able to carry out their threat.

An example of a hate crime in the context of street harassment would be someone following you and shouting something like, “Don’t you know you shouldn’t be here because you’re [a woman/gay/black/white/Latina/etc.]? I should [violent threat] so you’ll stay inside.” This threat would be considered a hate crime if the person attempts to or does carry it out.

If a court finds that someone has committed a hate crime against you, the judge will issue a protective order. A restraining order may also be issued for the duration of court proceedings (prior to a conviction) if deemed necessary for your safety.

District of Columbia
Bias-Related Crime
Title 22, Subtitle II, Chap. 37, §400-4004

In D.C., a hate crime is a crime that is committed against a person because of prejudice or bias, including because of a person’s actual or perceived:

In Vermont, typical hate crimes include assault, unlawful mischief (damage or destruction of property), telephone harassment, and disorderly conduct (by public yelling of threats and abuse).

An example of a hate crime in the context of street harassment might be someone following you and shouting something like, “Don’t you know you shouldn’t be here because you’re [a woman/gay/black/white/latina/etc.]? I should [violent threat] so you’ll stay inside.” Depending on the situation, this kind of verbal harassment could be considered assault, and so the accompanying indication of bias may elevate the offense to a hate crime.

Strengthening Current Laws | Creating a New Law

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What Is Street Harassment?

Leering, catcalls, obscene comments, repeated requests for your phone number or name after you’ve clearly said no, following, flashing, and groping. These are common forms of sexual harassment in public spaces initiated by strangers that millions of people worldwide experience, especially girls and women.

While the term commonly used to describe this social problem is “street harassment,” and is the term we use in this toolkit, the term is meant to encompass all public spaces. Also, it’s important to note that it refers only to interactions between strangers—of the opposite or same sex.

While it happens at a more frequent rate in cities, street harassment also is a problem in rural and suburban locations.

Street Harassment and the Law

In general, street harassment is not specifically criminalized the way sexual harassment in schools and the workplace is, despite its prevalence and the negative effects it has on harassed persons, especially women and LGBQT individuals.

Fortunately, however, many common street harassment behaviors are already illegal. In fact, since at least the late 1880s, some women have used these laws to report street harassers to the police.

If someone verbally harasses you, exposes him or herself to you, or gropes you, there is likely a law in your state that prohibits this inappropriate behavior. The Know Your Rights Toolkit explains what those laws are and how you can report street harassment using them.

The most important thing to know is that you always have the right to be safe from sexual harassment, violence, and sexual assault, of any kind, in every state. If you ever feel threatened or unsafe, you can call 911 immediately.

What’s in the Toolkit?

This toolkit primarily covers verbal harassment, unlawful photographs/video recordings, indecent exposure, following, and groping. Physical assault, sexual assault, and rape are also illegal, but they are not covered in this document because there are many other places that collect those laws and offer help to survivors of those crimes.

The toolkit introduction covers definitions of commonly used legal terms, why and when to report street harassment, what to do if police are the harassers, and how laws specifically apply to minors.

It also includes examples of success stories, a discussion of the “best” laws, and information about how to advocate for stronger laws to better address common forms of street harassment.

The largest portion of the toolkit is the states section. Each state, and Washington, D.C., has its own section, organized alphabetically. In each state section, you will find the name of the different crimes, links to the legal codes so you can learn more, a description of the elements of each crime, examples of how street harassment relates tp the crime, and the penalties a harasser might face.

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White Men Write the Laws

Verbal harassment is both the most common form of street harassment and the type that is most difficult to regulate and report.

This is in large part because the laws in the United States have historically been written by white, straight men, and often are written and enforced to only protect against the types of violence, harassment, and intrusion that they experience.

Take for example, physical forms of street harassment, they are always illegal and usually something that police will take seriously. This is not because it is street harassment but because the law is meant to protect everyone from basic acts of physical violence.

Thus, in order to anticipate and address this possible gender bias, it’s helpful to be familiar with three key legal concepts and how they apply to street harassment.

1. The First Amendment

State laws meant to protect citizens from any type of verbal harassment are necessarily narrowly defined because they cannot violate the First Amendment to the U.S. Constitution, granting us all the right to freedom of speech. Any law that broadly restricts what someone can say is likely to be ruled unconstitutional in court.

In fact, the United States Supreme Court sets a very high bar against government intervention in the case of the First Amendment, only regulating speech that is clearly intimidating, rather than merely offensive, which is what most street harassment is. In addition, regulations have to be applied in a “content neutral” way that does not target particular kinds of speech.

* In practice, the court often strikes down laws aimed at racist or sexist speech, but, as sociologist Dr. Laura Beth Nielsen’s research has shown, they have upheld laws that restrict panhandling, which is another form of potentially offensive public speech.

* In her study of offensive speech in the California Bay Area, Nielsen suggests this reflects a judiciary that is largely male and thus unfamiliar with the problem of street harassment.

This makes it difficult to prohibit catcalls and other types of verbal street harassment. But the First Amendment is intended to protect our rights in the context of political discourse and democratic debate. It doesn’t mean that we have the right to use profanity or insult each other whenever we feel like it.

2. Reasonable Man

Throughout this guide, you will find laws that include phrases like “a reasonable person” or “reasonable fear.”  This is a key legal principle that makes regulating verbal street harassment challenging. These phrases provide guidance for judges and jurors in interpreting the law. Because our laws are meant to be generally applicable to society, they are often written according to how a reasonable person is expected to react to a given situation.

For example, if a law prohibits actions that would make a reasonable person fear for his or her safety, the fact that I was scared by your action is not enough to establish that you broke the law. Your action would have to be something that would cause fear for the average, reasonable person – not just the person that was actually made afraid.

Because the majority of lawmakers and judges in the United States have historically been white men, and white men don’t typically experience street harassment, or if they do, they are rarely afraid as a result, the fear associated with street harassment has not always passed the reasonable man test.

3. Fighting Words

The the fighting words doctrine is another legal principle that makes it challenging to address verbal street harassment. It applies specifically to speech and often employs the reasonable man standard.

Lawmakers can’t broadly prohibit speech, even when it is insulting or offensive to some. However, U.S. courts have ruled that the First Amendment does not protect speech that is likely to incite violence because “fighting words” do not contribute to democratic discourse and because society has a collective interest in reducing violence.

As such, words or language that would incite a reasonable person to react violently may be legally prohibited. Many of the verbal harassment laws included in this guide either refer specifically to fighting words or prohibit taunts, insults, or other language that is likely to incite a violent reaction. Fighting words are typically prohibited by disorderly conduct, disturbance of the peace, and harassment laws.

The fighting words doctrine is problematic for addressing street harassment because, although the words do not have to incite actual violence in order to be considered a violation of the law, the language has to be such that a “reasonable person” would react violently.

* Women – the typical targets of street harassment – do not usually react violently to men who speak to them on the street.

* The kind of comment that might make a man want to throw a punch often makes a woman afraid for her safety, and so she may be unlikely to retaliate with physical force.

* Simultaneously, male law enforcement officers and judges, not typically being targets of street harassment, may not find verbal harassment as alarming, intimidating, or infuriating as women do.

Thus there is little precedent for a judge to see verbal street harassment as fighting words.

It’s Time for the Reasonable Woman

The challenge of the fighting words doctrine has led some scholars to argue for a “reasonable woman” standard: if the average woman would be annoyed, alarmed, or threatened by a particular comment, it should be considered illegal speech. But changing legal precedent takes time, many court cases, and a certain amount of awareness among lawmakers, law enforcement officers, judges, jurors, and other individuals tasked with writing and interpreting laws.

What Does it Mean For You?

In the meantime, this may mean that police officers or legal officials won’t always take cases of street harassment seriously. Sadly, we can’t guarantee that every incident reported to police will result in a positive outcome. But that’s why safe spaces activism — and continuing to report serious street harassment — is so important.

“Hey, baby!” may never become illegal speech, and there are good reasons why it shouldn’t. But the more offensive insults and slurs that street harassers use are likely what a fighting words law would prohibit when directed at a man and so should be equally prohibited when directed at a woman.

By raising awareness about street harassment in a variety of ways, from creative direct action to calling the police, we can demonstrate the violent and inappropriate nature of verbal street harassment. Over time, we can achieve more gender equitable outcomes from our legal system, and we hope to move closer to those outcomes with this guide.

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