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Can I be charged with public urination? Public Order, Loitering, Urination

Discussion in 'Criminal Charges' started by David Lopez, Aug 10, 2021.

  1. David Lopez

    David Lopez Law Topic Starter New Member

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    Jurisdiction:
    California
    A man steps out of a truck and pees into a bag. Can he be charged with any crime?
    I read that no state law in california specifically bans public urination, instead he could get charged with public nuisance or disorderly conduct, if he pees in public.
    The pee did not land on the street or ground.
     
  2. Zigner

    Zigner Well-Known Member

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    Prior to such act, the man should speak to local law enforcement.
     
  3. Zigner

    Zigner Well-Known Member

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    For reference, there doesn't need to be a law specifically banning it...we've got PC314:

    Law section.
     
  4. army judge

    army judge Super Moderator

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    It is possible but unlikely. A person can be arrested or cited for public urination under both state laws and local ordinances. These laws consist of infractions and misdemeanors. Infractions only allow for fines. Misdemeanors allow for probation, fines, community service, and/or jail time.

    There is no specific law in California that makes public urination a crime. However, a person who is caught urinating in a public place 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 “result of a disability, age, or a medical condition.”

    The most common charge stemming from public urination is public nuisance charge under California Penal Code section 372. This section 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,
    * six months jail, and/or
    * a $500 fine.

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

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

    * six 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 allow for jail time.

    CA attorneys answer your question:

    Public Urination Laws in California

    Public Urination Not a Crime in California

    Is Public Urination a Crime in California? | Chambers Law Firm
     
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  5. David Lopez

    David Lopez Law Topic Starter New Member

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    I have read pc314. So as long as he shows his private parts in public, he could get charged with a crime.
     
  6. army judge

    army judge Super Moderator

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    That is one way a person could be charged.

    However, if you read the information posted, other charges could flow IF you are observed by a LEO tinkling in public.

    There are also exemptions for tinkling in public if you suffer from certain medical maladies, are aged, or suffering from mental disabilities.
     
  7. David Lopez

    David Lopez Law Topic Starter New Member

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    Could I be charged if LEO never see it?
     
  8. justblue

    justblue Well-Known Member

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    Why did you step out to pee in a bag? Why not stay in your truck and pee into a bag/bottle? Were you on a city street or a highway? If the former, why didn't you just go to gas station/fast food joint to urinate? If the latter, were you street side with traffic or on the shoulder side of your truck?
     
  9. Zigner

    Zigner Well-Known Member

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    I think somebody is just bored
     
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  10. David Lopez

    David Lopez Law Topic Starter New Member

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    Very well. Bob is going landscaping with his dad. Bob is not the owner of the truck.
    He does not see any public restroom nearby. Customers say no, you cannot use my restroom. Can he legally pee in a bag in his dad's truck?
     
  11. justblue

    justblue Well-Known Member

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    Are you Bob? Is this homework? Are you just bored?
     
  12. David Lopez

    David Lopez Law Topic Starter New Member

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    I like studying things such as math, history, science, foreign culture and law. Could you answer the question?
     
  13. justblue

    justblue Well-Known Member

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    No. This site isn't for hypotheticals. If you like studying, then pull up your state .gov and study the statutes.
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    In the truck out of view of the world, you would be OK.
     
  15. Zigner

    Zigner Well-Known Member

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    This forum, while tolerant of the occasional hypothetical scenario, does not generally deal with "what-if's" that have no bearing on actual real-world matters that the posters are dealing with.

    California state law isn't the only law that matters, as the local municipality laws will come in to play. If you want to know the answer, contact the law enforcement agency for the particular municipality you wish to learn about.
     
    Last edited: Aug 10, 2021
  16. adjusterjack

    adjusterjack Super Moderator

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    Hey Judge, we can go to CA and pee in public.

    :D
     
  17. zddoodah

    zddoodah Well-Known Member

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    Depends on all of the relevant facts and circumstances, including where this occurs.

    I assume you're talking about this article.

    So what?

    Of course. If you murder someone, do you think you would escape prosecution solely because your crime wasn't witnessed by a cop?

    Depends on all of the relevant facts and circumstances, including where the truck is located when this occurs.

    I have no problem answering hypothetical questions, but you need to provide complete facts and circumstances. Incomplete hypotheticals can generally only be answered with "maybe."
     
  18. army judge

    army judge Super Moderator

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    We'd likely urinate many times BEFORE we get to Cali!!! :) :D LOL
     
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