Public Urination also known as peeing in public is an offense where someone does not urinate in a bathroom but instead they do it on another’s property. This is a very common offense and in downtown metropolitan areas this can be seen almost nightly on the streets. It is especially common with homeless people or with people who are intoxicated. You can be arrested for public urination, which can cause fines and other penalties and possibly can lead to other charges if the situation starts to get hostile.
Public Urination Not Considered a Crime in California
Strangely enough for how common it is, public urination is not considered a crime in California. They have other penal codes that they use to encompass it. Some people wonder why this is and the best explanation is because the legislature has never really decided to put it into the penal code. However, most counties in California have their own municipal code in order to be able to charge people with public urination.
Laws for Public Urination in California
The laws that are used to charge someone with public urination in California are Penal Code (PC) 415, PC 314, and PC 647. PC 415 is also known as disorderly conduct and holds up to a $1000 fine, 3 years probation and 90 days in jail.
PC 314 is known as indecent exposure, this means that there would have had to be some sort of a sexual connotation in the act. PC 314 is very serious and if one is convicted of it they will have to register for life as a sex offender.
Is Public Urination a Wobbler?
Urinating in public is generally considered a wobbler because the offenses that it is most commonly charged with are wobblers. Lets take PC 415 for example, disorderly conduct. This offense can be charged as either a misdemeanor or an infraction. An infraction is just a ticket with a fine that does not result in any type of conviction, probation, or any type of criminal record.
Does Public Urination go on your record?
Public Urination can go on someone’s record but it depends on the way it was charged. If it is charged as a misdemeanor and one is convicted then yes it would go on their criminal record and they would likely have a term of probation. If it were charged as an infraction then that individual would not have any criminal record from the offense.
Ozols Law Firm
Criminal Defense Lawyers
8880 Rio San Diego Dr. #22
San Diego, CA
619 288 8357