In the State of California, disorderly conduct is a broad term that encompasses various behaviors deemed disruptive, offensive, or inappropriate in public spaces. Penal Code 647 PC regulates these offenses, which outlines specific acts of disorderly conduct and their respective penalties.
Disorderly conduct is often a crime that many people might think is limited to being drunk and disorderly in public. However, California's disorderly conduct law covers a wider range of behavior that many might consider a public nuisance or annoyance.
Under PC 647, someone is guilty of engaging in disorderly conduct if they solicit or engage in prostitution, solicit money in public, are intoxicated by drugs or alcohol in public, loitering on private property without permission, invade somebody's privacy by “peeping” at them for sexual arousal.
Many of these offenses are customarily thought of as “quality of life” crimes. Police may try to clean up the streets by performing a prostitution sting or increasing patrols to catch people in the process of committing the acts designated by statute.
While a disorderly conduct charge is not typically a serious offense, you should take any type of criminal charge lightly as you could still get some jail time and have a criminal record. If you are convicted of any disorderly conduct offense, you could face up to 6 months in jail.
Working with an experienced criminal defense lawyer is the best way to avoid the negative consequences of a disorderly conduct arrest.
PC 647 details a list of offenses classified as disorderly conduct, each subject to similar penalties upon conviction. Let's look at these offenses and some common defense strategies an experienced attorney might employ to combat them. Let's review further below.
Lewd Conduct - Penal Code 647(a) PC
Lewd conduct involves engaging in or soliciting lewd acts in public. A lewd act is defined as touching your private parts—or someone else's—for sexual gratification or to annoy or offend someone else.
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 you were in a place where you reasonably expected privacy,
- You did not touch private parts for purposes of sexual gratification,
- Police entrapped you.
Prostitution or Solicitation Penal Code 647(b) PC
This offense involves engaging in, soliciting, or agreeing to engage in prostitution – exchanging sexual acts for money or other forms of 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 offered, asked for, or changed hands,
- No willfulness (e.g., you were unaware you were being solicited for money),
- You were entrapped by police (e.g., an undercover cop solicited you in a way that you did what you would not have usually done).
Panhandling – Penal Code 647(c) PC
Panhandling refers to the act of begging or soliciting money in public places. It is considered disorderly conduct when it becomes aggressive or disruptive.
PC 647(c) says, “Who accosts other persons in any public place or any place open to the public for the purpose of begging or soliciting alms.”
Common Defense Include:
- You were exercising your right to free speech,
- Your behavior was not aggressive or disruptive,
- You were in a private (not public) location and had permission to solicit money.
Loitering in a Public Toilet – Penal Code 647(d) PC
This offense refers to the act of loitering in or about any toilet open to the public to engage in or solicit any lewd or lascivious behavior.
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., you were waiting for a friend who was using the restroom),
- There was no evidence of lewd or lascivious behavior,
- The toilet was not open to the public at the time,
- You were entrapped by police (e.g., an undercover officer posed as someone interested in lewd behavior and convinced you to do something you wouldn't normally do).
Illegal Squatting – Penal Code 647(e) PC
This statute prohibits individuals from lodging in any building, structure, vehicle, or place, whether public or private, without the owner's permission or the person entitled to the possession or control of it. Essentially, it criminalizes unauthorized habitation.
PC 647(e) says, “Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.”
Common Defenses Include:
- You had permission from the owner to lodge there,
- There was no intent to lodge (e.g., you were seeking shelter temporarily),
- You did not know or have reason to believe you were on private property.
Public Intoxication – Penal Code 647(f) PC
Public intoxication, colloquially known as "drunk in public," involves being in a public place. At the same time, under the influence of alcohol, drugs, or controlled substances to such a degree that you cannot care for your safety or the safety of others, or you obstruct a public way (e.g., 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 (e.g., caused by medication prescribed by a doctor or something slipped into your drink),
- You were not obstructing a public pathway.
Loitering or Peeking While Loitering 647 (h) and (i) PC
Loitering is lingering or hanging around in a private area with no apparent purpose. It's considered disorderly conduct when you loiter with the intent to commit a crime (PC 647h) or peek 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 legitimate purpose for being on the premises (e.g., waiting for a friend, looking for directions),
- There was no intent to commit a crime,
- You did not peek into an inhabited building.
Invasion of Privacy – Penal Code 647(j) PC
Invasion of privacy in this context refers to actions such as peeping with binoculars into a private space or secretly filming someone in a private setting. It also includes 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 intent to invade anyone's privacy,
- There was no expectation of privacy (e.g., the alleged victim was in a public setting),
- The alleged victim gave their consent for any recordings or images taken.
What Are the Penalties for Disorderly Conduct?
All the above offenses are misdemeanors. If convicted, you could face up to six months in jail and a fine of up to $1,000. The judge has the latitude to impose summary probation instead of jail, which may include stipulations like mandatory classes, counseling, community service, etc.
Contact our California criminal defense attorneys for a case review. Eisner Gorin LLP has offices in Los Angeles, CA.
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