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

[David Lopez]

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.

 

[Zigner]

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.

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

 

[Zigner]

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

Law section.

 

[army judge]

Can he be charged with any crime?

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

 

[David Lopez]

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

 

[army judge]

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

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.

 

[David Lopez]

Could I be charged if LEO never see it?

 

[justblue]

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.

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?

 

[Zigner]

I think somebody is just bored

 

[David Lopez]

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?

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?

 

[justblue]

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?

Are you Bob? Is this homework? Are you just bored?

 

[David Lopez]

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

 

[justblue]

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

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

 

[PayrollHRGuy]

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

 

[Zigner]

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

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.

 

[adjusterjack]

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

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

 

[zddoodah]

A man steps out of a truck and pees into a bag. Can he be charged with any crime?

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

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.

I assume you're talking about this article.

The pee did not land on the street or ground.

So what?

Could I be charged if LEO never see it?

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

Can he legally pee in a bag in his dad's truck?

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

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

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."

 

[army judge]

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

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