California Disorderly Conduct Laws: Know Your Rights and Risks

Understanding the Different Offenses Under California Penal Code § 647 PC

If you are charged with a crime under California Penal Code § 647 PC, you may face legal penalties and social consequences. The code covers a wide range of offenses that can be categorized as disorderly conduct. These include lewd conduct, prostitution, panhandling, public intoxication, squatting, loitering, and invasion of privacy.

Breaking Down the Crimes Under California Penal Code § 647 PC

Each crime covered under California Penal Code § 647 PC has its own definition and set of elements. Here is a quick overview of each crime:

Penal Code 647a PC: This code applies to lewd conduct in public. It is a crime to engage in or solicit lewd acts in public or in a place exposed to public view.

Penal Code 647b PC: This code applies to prostitution and solicitation. It is a crime to accept money for prostitution, offer an act of prostitution, or agree to engage in prostitution.

Penal Code 647c PC: This code applies to panhandling. It is illegal to ask for donations in a public place.

Penal Code 647e PC: This code applies to illegal squatting. It is a crime to lodge anywhere without the permission of the property owner.

Penal Code 647f PC: This code applies to public intoxication. It is an offense to be drunk in public.

Penal Code 647h PC: This code applies to certain forms of loitering. It is a crime to loiter on someone’s property with the intent to commit a crime.

Penal Code 647i PC: This code applies to peeking while loitering. It is an offense to peek into an inhabited building while loitering on private property.

Penal Code 647j PC: This code applies to the criminal invasion of privacy. It is a crime to use a device (like binoculars) to view someone inside a private room, secretly photograph or record a person’s body under clothing, or secretly record or photograph someone in a private room to view that person’s body.

Penal Code 647j4 PC: This code applies to revenge porn. It is an offense to publish or distribute pornographic images of a person without their consent.

What Actions Are Considered Disorderly Conduct?

The actions covered under California Penal Code § 647 PC can be broad and vary from offense to offense. Here are a few examples of actions that could be considered disorderly conduct:

Exposing your genitals to another person in public
Setting up a tent on the property of a business without its consent
Posting naked and sexually graphic pictures of an ex-girlfriend on social media

Defending Against Disorderly Conduct Charges

If you are charged with disorderly conduct under California Penal Code § 647 PC, you have the right to defend yourself against the accusations. Some common defenses include proving that you were not in public or not loitering, showing that you were arrested without probable cause, or demonstrating that you were falsely accused.

Legal Defenses for a California Penal Code 647 PC Charge

If you’re facing a California Penal Code 647 PC Charge, it’s important to know that you have legal defenses available to you. Three of the most common defenses include:

Not in Public or No Loitering

Many PC 647 laws state that you’re only guilty if you committed the act in public or while loitering. This means that if you can prove that you were not in public or loitering when the alleged act took place, you may have a valid defense.

For example, if police officers come to your home after a noise complaint and find you severely intoxicated, they may arrest you for being drunk in public. However, if you were in your own private home at the time, you can argue that you were not “in public” and therefore cannot be guilty of public intoxication.

No Probable Cause

Before a lawful arrest can take place, police must have probable cause that you committed a crime. Probable cause means that there is a reasonable belief that you broke the law. If the police did not have probable cause to arrest you, you can argue that the arrest was unlawful and therefore invalid.

Falsely Accused

It’s possible to be wrongly accused of committing one of these crimes. If you were unjustly blamed for the crime, you can argue that you were falsely accused and should not be held responsible.

Penalties for a California Penal Code 647 PC Violation

A violation of any of the Penal Code 647 statutes is considered a misdemeanor offense. This means that you could face up to six months in county jail and/or a maximum fine of $1,000.

In some cases, a judge may award you with misdemeanor probation instead of jail time. Additionally, the Los Angeles County District Attorney’s office generally does not prosecute PC 647(b),(c),(d), or (e) cases unless you have been a repeat offender within the last 24 months.