How Many Comunity Service For Public Drunknness Charge

Posted on May 27, 2022

There is no specific law in California that makes public urination a crime. Nonetheless, a person who is caught urinating in a public identify could be charged with

public nuisance,
public intoxication or
indecent exposure.

Penal Code 640 PC prohibits urinating or defecating in a system facility or vehicle, other than a lavatory, unless it is the "event of a disability, age, or a medical status."

The most common charge stemming from public urination is public nuisance charge nether California Penal Code department 372. This department states that:

Every person who commits a public nuisance is guilty of a misdemeanor.

The punishment for committing a public nuisance under Penal Code 372 could include:

probation,
6 months jail, and/or
a $500 fine.

Most cities and counties have ordinances that prohibit public urination. Ordinances are rules or laws created past a municipal authority. Ordinances can be misdemeanors or infractions per Government Code 36900.

A misdemeanor violation of a metropolis ordinance for urinating in public is punishable by:

vi months jail, and/or
a $i,000 fine.

Every bit an infraction public urination is punishable by a fine ranging from $100 to $500. Infractions do non allow for jail time.

Urinating on public transportation, or in a public transportation facility, is a misdemeanor under Penal Lawmaking 640 (excluding bathrooms). The penalisation for a violation of this department is:

3 months jail, and/or
a $400 fine.

There are other code sections that sometimes involve public urination. Disorderly acquit nether Penal Code 647(f) involves beingness boozer and/or intoxicated in public. The level of intoxication must be such that the person cannot care for their own condom. Hell-raising conduct is a misdemeanor punishable by:

half-dozen months jail, and/or
a $one,000 fine.

If someone exposes themselves while urinating in public, it could lead to an indecent exposure charge. Under Penal Code 314 PC, every person who:

willfully and lewdly,
exposes his individual parts,
in a public identify,
or where there are other persons to be offended or bellyaching,
is guilty of a misdemeanor.

A misdemeanor violation of Penal Code 314 PC is punishable by up to:

half-dozen months jail,
a $1,000 fine,
registration as a sex offender.

Defenses to public urination charges can include:

necessity,
mistaken identity
physical disability,
age,
a medical status.

Can I Go to Jail for Public Urination?

It is possible just unlikely. A person can be arrested or cited for public urination under both land and local laws. These laws consist of infractions and misdemeanors. Infractions only allow for fines. Misdemeanors can be punished with

probation,
fines,
community service, and/or
jail fourth dimension.

Public urination and public intoxication together can sometimes lead to an arrest for disorderly carry under Penal Code 647(f). This could result in a trip to the "drunk tank".

Annotation: An experienced chaser will always try to reduce a misdemeanor charge to an infraction. A misdemeanor confidence can accept negative furnishings on

school,
employment, and
professional person licenses.

Is Public Intoxication the same as Public Urination?

No. Public intoxication under Penal Lawmaking 647(f) is called disorderly bear. Under Penal Lawmaking 647(f), whatever person who is found in whatsoever public identify:

under the influence of any drug, intoxicating liquor, or both,
in a condition unable to exercise intendance for his or her own safety, OR
past reason of being under the influence interferes with, obstructs, or prevents the free utilise of whatsoever street, sidewalk, or other public way,
is guilty of a misdemeanor.

The punishment for public intoxication under Penal Code 647(f) could include:

probation,
half-dozen months jail,
a $1,000 fine.

What is the Punishment for Public Urination?

A person tin be arrested for public urination under both country and local laws. Local ordinances are either misdemeanors or infractions (Meet Government Lawmaking 36900).

A misdemeanor violation of a urban center ordinance for urinating in public is punishable by up to:

half-dozen months jail, and/or
a $1,000 fine.

As an infraction public urination is punishable by a fine ranging from $100 to $500. Infractions do not permit for jail time.

The punishment for a misdemeanor public nuisance accuse nether Penal Code 372 is upwards to:

six months jail, and/or
a $500 fine.

Nether Penal Code 640, urinating on public transportation, or in a public transportation facility, is punishable by upwards to:

iii months jail, and/or
a $400 fine.

In an unusual example a person could be charged with indecent exposure for urinating in public.

A misdemeanor conviction for indecent exposure under Penal Code 314 is punishable by:

probation,
six months jail,
a $1,000 fine,
registration every bit a sex offender.

Why is Public Urination Illegal?

Public urination in some areas of California is a large problem. There is ofttimes a lack of public facilities in areas with

bars,
nightclubs and
restaurants.

Peculiarly tardily at night. A growing homeless population has also led to an increase in public urination complaints.

Public urination leads to an increase in disease and health concerns. Likewise, for business owners, public urination interferes with tourists and customers.

Are At that place Defenses to Public Urination?

There are various defenses to fight a public urination charge. These include:

necessity,
mistaken identity
physical inability,
age,
a medical condition.

About the Author

Author Avatar

Neil Shouse

A erstwhile Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law Schoolhouse (and completed boosted graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Testify and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.