In California, public urination is not a separate state crime but can be charged under various state laws and local ordinances, usually as a misdemeanor or an infraction. The penalties, which can include fines or jail time, underscore the seriousness of the offense and the need for caution.
Public urination, when charged as a misdemeanor public nuisance under Penal Code 372, can lead to harsh penalties. These penalties can include up to six months in jail and/or a fine of up to $500, underscoring the serious nature of the offense.
PC 372 public nuisance says, "Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor."
Disorderly conduct under Penal Code 647 includes public urination, particularly if the individual is also publicly intoxicated or engaging in other disruptive behavior. A conviction is classified as a misdemeanor, carrying penalties of up to six months in jail and/or a fine of up to $1,000.
Under Penal Code 314, indecent exposure includes cases where public urination is considered 'lewd' and intended for sexual pleasure or to offend someone sexually. This can lead to charges of indecent exposure, which is a misdemeanor offense with specific penalties.
Under Penal Code 640, public transportation users are explicitly prohibited from urinating on vehicles or in transit facilities. Violators face up to three months in jail and/or a $400 fine.
Key Takeaways
- Some people are surprised to learn that California lacks a specific state law banning public urination. However, this does not prevent you from being charged with a crime for the act.
- Urinating in a public place can lead to criminal charges under a variety of state or local laws. These laws, which can include public nuisance, lewd conduct, disorderly conduct, public intoxication, or indecent exposure, often result in fines.
- Most cities enforce local ordinances against public urination, which may be classified as misdemeanors or infractions under Government Code 36900. Infractions for public urination typically result in fines between $100 and $500, but they do not involve jail time.
- While jail for public urination is unlikely, you may still face arrest and a citation under state and local regulations.
- These offenses are typically infractions or misdemeanors, which can result in probation, fines, community service, and similar penalties.
What CA Laws Cover Public Urination?
- Public nuisance: Prosecutors often charge public urination as a misdemeanor under California Penal Code 372, which prohibits causing a "public nuisance." It may be classified as such. Civil Code 3480 defines a public nuisance as any act that harms health, offends the senses, blocks property use, or disrupts community enjoyment.
- Disorderly conduct: California Penal Code 647(f) defines "disorderly conduct," including public urination, especially when intoxicated. Subsection (f) covers being in public while too impaired by substances to care for oneself or others, disrupting public areas. Public urination while drunk could lead to misdemeanor charges that carry up to six months in jail and a $1,000 fine.
- Urinating on/in Public Transportation. California Penal Code 640 criminalizes public urination and defecation on public transportation facilities, except in restrooms or for those incontinent due to disability, health, or age. Violations can lead to fines of up to $400 and up to 90 days in jail.
- Indecent Exposure: Public urination can sometimes be charged under California Penal Code 314 PC, related to "indecent exposure." This law criminalizes exposing genitals in public to gratify or offend, with willful and lewd exposure in public or to offend others considered a misdemeanor.
- Lewd Conduct: Public urination near schools or parks may be considered lewd conduct (California Penal Code 647(a)). Conviction could lead to six months in jail, a $1,000 fine, and sex offender registration.
- Local Ordinances: Many cities like San Francisco, Los Angeles, and San Diego have laws against public urination. Penalties vary but often include fines, community service, or jail. In Los Angeles, public urination is a violation under County Code Section 11.16.050 and may be charged as an infraction or misdemeanor. Infractions mainly result in fines, while misdemeanors can lead to fines up to $1,000 and up to 6 months in jail.
Common defenses against public urination charges include mistaken identity, necessity, physical disability, and medical conditions. For more details, contact our law firm. The Hedding Law Firm is located in Los Angeles, CA.
Related Content:
