There’s no statewide statute that prohibits public urination in California, but you can still be arrested and charged with a crime. Most of these cases come from local rules. Many California cities and counties have their own ordinances making it illegal to urinate in public.
For example, Los Angeles has a municipal code provision covering streets, sidewalks, alleys, parks, beaches, public buildings, and any other area exposed to public view. San Francisco has its own police code section that treats public urination as an infraction.
Because local laws and regulations regarding this behavior can vary, the exact offense and penalty depend in part on where it occurred.
Can Public Urination Be Charged as a Public Nuisance?
Sometimes. California’s public nuisance laws cover conduct that harms health, offends the senses, or interferes with a community’s ability to comfortably use and enjoy an area.
Depending on the facts and local law, prosecutors may charge a person with a public nuisance offense. That doesn’t mean every instance of public urination qualifies as a criminal nuisance, though.
Is Public Urination the Same as Indecent Exposure?
No. This is probably the biggest fear people have after getting cited, but it’s not usually the case. Urinating in public is not automatically indecent exposure.
Indecent exposure in California requires more than someone’s genitals being visible. Prosecutors generally have to show the person deliberately exposed themselves in front of someone who might be offended, and did it with a sexual purpose, either to get aroused, to gratify themselves, or to sexually offend another person. Someone who was briefly exposed simply because they were urinating doesn’t necessarily have that sexual intent.
A citation for public urination by itself does not make someone a registered sex offender.
What Are the Penalties for Public Urination in California?
There’s no single statewide answer, because most of these offenses come from local ordinances. What you’re facing depends on the city or county, which ordinance you’re accused of violating, whether it’s treated as an infraction or a misdemeanor, and whether you’re charged with some other offense, like disorderly conduct.
Depending on the offense actually charged, you could face anything from a fine for an infraction to possible jail time for a misdemeanor.
What Should You Do If You Receive a Citation or Are Arrested?
If you receive a citation for urinating in public, don’t just ignore it. Even a minor citation has a deadline and a required response, and skipping it can turn a small fine into a bigger problem. If you’re arrested on a related charge, make sure you take the situation that much more seriously.
You should take the following steps if you find yourself in this situation:
- Read the citation carefully to determine which ordinance or code section you’re accused of violating.
- Write down what happened while it’s fresh in your memory.
- Be polite and don’t argue with the officer, even if you disagree with what they’re saying.
- If you’re arrested, assert your right to stay silent and ask for a lawyer before answering any questions.
- Talk to a lawyer before paying the fine or pleading guilty to anything.
Many of these cases can be easily resolved, but sometimes they can be more complicated than they initially seem, especially if you’re facing actual criminal charges.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers for a Free Consultation
A public urination case can be as simple as a local infraction or as serious as a criminal charge, depending on where it happened and what prosecutors claim took place.
A San Diego sex crimes lawyer can identify which law actually applies, what the prosecution has to prove, and whether the facts support the charge. When you contact our firm, we’ll do our best to get the charge reduced or dismissed, or we’ll fight for you in court if needed.
Contact Blair Defense Criminal Lawyers today to schedule a free consultation.
We proudly serve San Diego County and its surrounding areas.
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