Is Public Urination a Crime in California?
February 13, 2025 | Ahmed & Sukaram, Criminal Defense Attorneys
Public urination might seem like a minor issue, but it can carry surprising legal consequences. Some people think it isn’t a crime because there’s no specific “public urination” statute, but this isn’t true. Understanding how you can be charged with a criminal offense for urinating in public is essential, and so is understanding the consequences and what to do next.
Charges That Can Criminalize Public Urination
Although California doesn’t have a specific code section criminalizing public urination, prosecutors often use other statutes to file charges when someone urinates in a public space. Each law carries potentially serious penalties, including jail time, fines, or even sex offender registration requirements. Below are some of the common crimes a prosecutor might charge defendants with, along with their accompanying penalties.
Public Nuisance
If your actions disturb the peace or health of the community, law enforcement might file charges under the public nuisance statute. Conviction can result in fines of up to $1,000, up to six months in county jail, or both. While it’s generally treated as a misdemeanor, a conviction will still be on your criminal record.
Public Intoxication
When public urination is linked to alcohol or drug impairment, prosecutors often use the public intoxication statute – PC 647(f). Despite being classified as a misdemeanor, penalties can include fines of up to $1,000 and up to six months in jail.
Indecent Exposure
Exposing yourself while urinating could result in an indecent exposure charge, even though your intention wasn’t necessarily sexual. Typically charged as a misdemeanor, it may carry up to six months in county jail. In some serious instances, however, it can become a felony, leading to up to three years in prison and mandatory sex offender registration.
Lewd Conduct
If you urinate near minors or in a setting where children can see you, the charge could escalate to lewd conduct. This is usually a misdemeanor and involves penalties similar to those of indecent exposure, including potential jail time and fines. Situations with significant aggravating factors may prompt prosecutors to seek harsher sentences.
If you’re facing any of these charges after an incident of public urination, talking to an experienced attorney about your case is the best way to explore your options.
Local Ordinances Regarding Public Urination
While the state of California doesn’t have a statute that criminalizes public urination specifically, some California cities, such as Los Angeles and San Francisco, have their own laws against this behavior.
These municipal codes can treat the offense as an infraction or a misdemeanor, depending on factors like your location and whether you have any prior offenses. Penalties can include fines and, in some cases, jail time. Even if it’s “just a city code violation,” having a record of these local infractions could still affect your future employment or housing opportunities.
Possible Defenses Against Public Urination Charges
Facing charges for public urination may seem minor at first, but penalties and long-term consequences can still have a serious impact on your life. Below are some common defenses your criminal defense lawyer may raise to help you fight or reduce these charges:
Mistaken Identity
Sometimes, the police or a witness mistakes one person for another in the chaos of an incident. If you have a strong alibi or evidence showing that you weren’t the individual responsible, this can be a solid defense that may lead to a dismissal of charges.
Medical Condition
Certain health issues – like diabetes, bladder problems, or bowel disorders – may create a need to use the restroom unexpectedly. If you can show a valid medical diagnosis that made you unable to wait, this can sometimes persuade a prosecutor or judge to be more lenient.
Physical Disabilities
If you have a disability that limits your mobility or makes restroom access challenging, you might be able to argue that public urination was unavoidable. Demonstrating the specific limitations of your condition can be helpful in defending against these charges.
If you’re facing charges for an incident of public urination, discussing defenses like these with a knowledgeable criminal defense attorney can help you find the best way to protect your rights and future.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500