No law explicitly prohibits public urination in California. However, individuals can face prosecution by authorities for public intoxication, public nuisance, or indecent exposure if someone catches them urinating in public. While not explicitly illegal, various sections of the California Penal Code outline the legal repercussions of these actions. Therefore, it is important to understand California’s legal regulations surrounding public urination.
What Is the Penalty for Public Urination in California?
In California, Public Urination is considered a wobbler offense. A wobbler offense means that when authorities charge an individual for public urination, it is the prosecutor’s responsibility to determine whether to charge the individual with a simple infraction or a misdemeanor. Because of this, individuals facing charges for public urination may be liable under both state and local laws. In California, an individual who is guilty of a public urination offense may be held responsible for their illegal conduct under any of the following three penal code sections:
- California Penal Code Section 370
- California Penal Code Section 372
- California Penal Code Section 647
Though California Penal Code Sections 370, 372, and 647 are the most common pieces of legislation used to outline the legal ramifications of a public urination offense, they are not the only pieces of legislation being used to respond to these kinds of transgressions. Depending on the circumstances surrounding the act of public urination, the offender can also face charges for Indecent Exposure under California Penal Code Section 314.
Public Urination & California Penal Code Section 314: Indecent Exposure
California law defines Indecent Exposure under Section 314 of the California Penal Code. To be charged with indecent exposure, an individual does not have to commit the offense in a public space. An individual may be charged for indecent exposure so long as the prosecuting party can prove that the defendant engaged in the act of indecent exposure with intentionally lewd motives. Under this charge, individuals may be liable for either a misdemeanor or a felony. An individual who engages in public urination may be charged with Indecent Exposure if their behavior before, during, or after urinating was intentionally and willfully focused on drawing attention to one’s genitals in the presence of an individual who may be annoyed or offended by the act.
California Penal Code Section 370: Injurious, Obstructive, or Offensive Behavior
The first section of the California Penal Code that classifies public urination as a crime is California Penal Code Section 370. This section of the California Penal Code outlines that an individual’s behavior that individuals or authorities consider a public nuisance may face criminal offense charges. California law defines a public nuisance as a nuisance that causes damage to a neighborhood or large group of people through a failure to consider those parties when choosing to act.
Under this section of the penal code, the prosecution must prove a cause of action to charge an individual as a public nuisance. Establishing a cause of action means that the prosecuting parties must prove that the defendant failed to consider what behavior would be appropriate and expected of an individual in public. Furthermore, this behavior causes the defendant to knowingly act in a way that threatens the sanctity, safety, and overall interests of the people and the damaged property.
California Penal Code Section 372: Undefined Public Nuisance
While there is no official law outlawing public urination in California, there are various other statutes, such as Penal Code 372, regulating behavior in public. Of the offenses one may be liable for, authorities often charge the wrongdoer committing public urination with a public nuisance charge. California Penal Code Section 372 defines the legal consequences for being a public nuisance. Under this section of the California Penal Code, individuals that authorities charge with a public nuisance crime are subject to the following consequences:
- A maximum jail sentence of 6 months
- A fine of up to $500 or,
- A court-ordered period of probation.
Individuals that the prosecution charged with California Penal Code Section 372 for a public urination offense may be liable for a misdemeanor. California Penal Code Section 372 explicitly states that individuals who have committed a public nuisance offense will face a misdemeanor.
California Penal Code Section 647: Public Intoxication
Penal Code 647 is the section of the California Penal Code that outlines the legal ramifications of public intoxication. In California, public intoxication is a misdemeanor charge that is accompanied by:
- Up to six months in a county jail
- A monetary fine of up to 1,000 dollars.
- Individuals whom authorities charged with this offense are subject to any combination of these consequences. Further, suppose the court convicts an individual of PC 647. In that case, they will have to pay the fine or serve jail time, depending on their arrest circumstances.
Individuals whom authorities charge for public intoxication under this section of the California Penal Code are liable for committing the following offenses:
- Being intoxicated in a public place in a manner that either:
- Obstructs other members of the public’s ability to access or use public roadways or walkways freely
- Or hinders one’s ability to take care of themselves or others.
Statistically, most individuals whom authorities arrest and charge for public urination are under the influence of a controlled substance. Therefore, California Penal Code Section 647 can be used to arrest and charge someone even though it does not explicitly address the act of public urination. Specifically, to charge an individual under the specifications of California Penal Code 647, the prosecution must prove the following factors:
- The defendant was willingly engaged in the act of consuming a controlled substance
- The act of consumption or the following offense takes place in a public space
- The act of consumption left the defendant unable to care for themselves or others properly.
- The act of consumption limited other members of the public access to and use of public walkways and roadways.
What are the Repercussions for Public Urination in California?
While there are no laws that explicitly state the prohibition of public urination, under certain sections of the California Penal Code, the act itself is grounds for an individual to be arrested and taken to jail. Though it is statistically rare for an individual to be arrested and taken to jail for this offense, they may face various other repercussions regardless of serving jail time.
Alongside being responsible for serving and fulfilling any sentencing requirements, individuals charged with a public urination offense under any of the applicable sections of the California Penal Code may also face social consequences. These kinds of penalties can vary amongst any of the following:
- Inability to find employment
- Difficulty finding housing
- Restrictions from a professional certificate or license
- And individuals facing charges of Indecent Exposure may face further social and legal consequences requiring their enrollment in the California Sex Offenders Registry.
Can I Be Charged as A Sex Offender for Public Urination in California?
Knowing that being charged for the act of public urination in California can carry significant social impacts makes this one of the most asked questions regarding the topic. Under California law, individuals facing charges for an act of Indecent Exposure because of urinating in public who are found guilty of the offense must comply with all California State Requirements regarding registered sex offenders. Because of this, the answer to this question is yes, though it is circumstantial.
Though there are a few defensive strategies an individual facing charges for public urination can employ, such as:
- Necessity
- Mistaken Identity
- Age
- A Diagnosed Medical Condition
- Or Physical Disability
No defense will exempt individuals from registering with the California State Sex Offender Registry if they are found guilty of violating California Penal Code Section 314. However, recent changes in California Legislation may allow for removal from the registry upon meeting the proper criteria.
Contact Pride Legal
If you or a loved one has been accused of crimes related to public urination, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.