Penal Code 647 PC - Disorderly Conduct in California
In California, disorderly conduct is a general term covering various disruptive, offensive, or inappropriate behaviors in public. Penal Code 647 PC governs these offenses, detailing specific acts and their penalties.
Disorderly conduct is often mistaken for just being drunk and disruptive in public. However, California's disorderly conduct law embraces a broader spectrum of behaviors, many of which could be seen as public nuisances or annoyances.
Under PC 647, a person commits disorderly conduct if they solicit or engage in prostitution, are publicly intoxicated by drugs or alcohol, loiter on private property without permission, or invade someone's privacy by peeping for sexual arousal.
Quality of Life Crimes
Many of these offenses are typically considered 'quality of life' crimes. Police often attempt to improve street safety by conducting prostitution stings or increasing patrols to catch individuals in the act of committing these designated offenses.
Although a disorderly conduct charge is generally not considered a serious offense, it's important to treat any criminal charge with care, as you could still face jail time and a criminal record.
A conviction for disorderly conduct could result in up to six months in jail.
Consulting an experienced California criminal defense lawyer is the most effective way to prevent the negative consequences of a disorderly conduct arrest. Further details are provided below.
PC 647 outlines a series of offenses categorized as disorderly conduct, each carrying similar penalties if convicted. Let's review these offenses and some typical defense strategies an experienced lawyer might use to challenge them.
Lewd Conduct - CA Penal Code 647(a) PC
Lewd conduct refers to engaging in or soliciting explicit acts in public. A lewd act is defined as touching your private parts or someone else's for sexual pleasure or to bother or offend others.
PC 647(a) says, "(a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or any place open to the public or exposed to public view." Common defenses include:
- You were not in public or in a place where you could reasonably expect privacy.
- You did not touch private parts for the purpose of sexual gratification.
- The police set a trap for you.
Prostitution or Solicitation CA Penal Code 647(b) PC
This offense pertains to engaging in, soliciting, or agreeing to participate in prostitution - exchanging sexual acts for money or other compensation.
PC 647(b)(1) says, "An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in the act of prostitution when, with the specific intent to engage so, the individual manifests an acceptance of an offer or solicitation by another person to engage so, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in the act of prostitution."
Common defenses include:
- No money was given, requested, or exchanged.
- No willfulness (for example, if you were unaware that you were being solicited for money),
- You were caught by police (for example, an undercover officer solicited you, leading you to do something you wouldn't normally do).
Loitering in a Public Toilet - CA Penal Code 647(d) PC
This offense involves loitering in or around any publicly accessible toilet to engage in or solicit lewd or lascivious conduct.
PC 647(d) says, "Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act."
Common defenses include:
- You were not loitering (e.g., waiting for a friend who was in the restroom),
- There was no indication of lewd or lascivious conduct.
- The toilet was unavailable to the public at that time.
- You were caught by the police, such as an undercover officer pretending to be interested in lewd behavior and convincing you to do something you wouldn't normally do.
Public Intoxication - CA Penal Code 647(f) PC
Public intoxication, commonly called "drunk in public," occurs when someone is in a public space while under the influence of alcohol, drugs, or controlled substances to the extent that they cannot ensure their own safety or that of others, or when they obstruct a public pathway such as a street or sidewalk.
PC 647(f) says, "Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their safety or the safety of others, or by reason of being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way."
Common defenses include:
- You were not in a public place.
- Your intoxication was involuntary, such as from medication prescribed by a doctor.
- You were not blocking a public pathway.
Loitering or Peeking While Loitering
Loitering involves lingering or lingering around in a private area without a clear purpose. It is deemed disorderly conduct if done with the intent to commit a crime (PC 647h) or to look into an inhabited building (PC 647i).
PC 647(h) says, "Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, "loiter" means to delay or linger without a lawful purpose for being on the property and to commit a crime as opportunity may be discovered."
PC 647(i) says, "Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant."
Common defenses include:
- You had a valid reason for being on the premises (for example, waiting for a friend or seeking directions),
- There was no intention to commit a crime.
- You did not look inside an inhabited building.
Invasion of Privacy - CA Penal Code 647(j) PC
In this context, invasion of privacy includes activities like peeping with binoculars into private spaces, secretly filming individuals in private settings, as well as acts of revenge porn.
PC 647(j)(1) says, "A person who looks through a hole or opening, into, or otherwise views, using any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision does not apply to those areas of a private business used to count currency or other negotiable instruments."
Common defenses include:
- There was no intention to infringe on anyone's privacy.
- No expectation of privacy existed (e.g., the alleged victim was in a public place).
- The supposed victim approved of any recordings or images taken.
What Are the Penalties for Disorderly Conduct?
All the offenses listed above are misdemeanors. A conviction could result in up to six months of jail time and a fine up to $1,000. The judge can choose to impose probation instead of jail, potentially requiring mandatory classes, counseling, community service, or other conditions.
Contact our California criminal defense attorneys for a case review. The Hedding Law Firm has offices in Los Angeles, CA.
