Penal Code 647 PC - Disorderly Conduct Crimes in California
California Penal Code 647 PC is the statute that defines a wide range of crimes called “disorderly conduct,” such as public intoxication (drunk in public), lewd conduct, solicitation of prostitution, panhandling, and more.
Disorderly conduct covers different types of behavior considered offensive, disruptive, and inappropriate in public. Subsections of PC 647 describe each misdemeanor crime and impose penalties if you are convicted.
These offenses are often deemed a public nuisance or annoyance, such as someone being drunk or high on drugs and disorderly in a public place. Many of these crimes are considered quality-of-life offenses, and law enforcement will often use sting operations to keep some of them under control.
Other PC 647 disorderly conduct offenses are publicly soliciting or engaging in the act of prostitution, loitering around private property without a legitimate purpose, soliciting money at the intersection of a shopping center, and invading someone's privacy through “peeping” for sexual gratification.
Each type of disorderly conduct is not considered a serious crime, and some are common and rarely prosecuted, such as panhandling. However, you could still be sentenced to six months of county jail time and ordered to pay a fine of up to $1,000.
To avoid a conviction and keep your record clear, you should retain a criminal defense lawyer to obtain the best possible outcome. PC 647 says, “Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor,” such as the following:
- Penal Code 647(a) PC lewd conduct in public.
- Penal Code 647(b) PC prostitution and solicitation.
- Penal Code 647(c) PC panhandling.
- Penal Code 647(d) PC loitering at a public toilet.
- Penal Code 647(e) PC illegal squatting.
- Penal Code 647(f) PC public intoxication.
- Penal Code 647(h) PC loitering.
- Penal Code 647(i) PC peeking while loitering.
- Penal Code 647(j) PC invasion of privacy.
Penal Code 647(a) PC - Lewd Conduct in Public
Lewd conduct means engaging in or soliciting lewd acts in a public place. A lewd act is described as touching your intimate private parts or another person for the purpose of sexual gratification or to annoy or offend someone.
“Intimate body part” means any portion of the genitals, the anus, or any portion of the breasts below the top of the areola that is either uncovered or visible through clothing.
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.”
If you are accused of lewd conduct in public, some of the common defenses include the following:
- You were not in a public place or
- You were in a place where you had a reasonable expectation of privacy,
- You did not touch intimate parts for purposes of sexual gratification,
- Police entrapment.
Penal Code 647(b) PC - Prostitution or Solicitation
The misdemeanor crime of engaging in or soliciting an act of prostitution means to exchange sex acts, such as sexual intercourse, for money or other type 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.”
If you are accused of prostitution or solicitation, some of the common defenses include the following:
- No money was offered or exchanged,
- Not a willful act,
- You were unaware the person was a prostitute,
- Police entrapment by an overzealous undercover officer who persuaded you to commit a crime you would have otherwise not committed.
Penal Code 647(c) PC - Panhandling
Panhandling is begging or soliciting money in public places and is rarely prosecuted. Still, it's deemed disorderly conduct when the panhandler becomes aggressive or disruptive.
PC 647(c) says, “Who accosts other persons in any public place or any place open to the public to beg or solicit alms.”
If you are accused of panhandling, some of the common defenses include the following:
- Your behavior was not aggressive or disruptive,
- You were in a private location.
Penal Code 647(d) PC - Loitering in a Public Toilet
The misdemeanor crime of loitering in or about any toilet open to the public to engage in lewd acts is a form of disorderly 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.”
If you are accused of loitering around a public toilet, some of the common defenses include the following:
- You were not loitering,
- The toilet was not open to the public,
- Insufficient evidence to prove lewd or lascivious behavior,
- Police entrapment by an undercover officer posing as someone interested in lewd behavior and persuading you to commit the crime through harassment, pressure, flattery, etc.
Penal Code 647(e) PC - Illegal Squatting
This law prohibits people from lodging in any public or private building, structure, vehicle, or place without the owner's permission or the person who legally controls it. The provision prohibits 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.”
If you are accused of illegal squatting, some of the common defenses include the following:
- No intent to lodge permanently,
- You were only seeking temporary shelter,
- You had permission from the owner,
- You had a reasonable belief you were on private property.
Penal Code 647(f) PC - Public Intoxication
Public intoxication (drunk in public) law means you must be in a public place and under the influence of alcohol, drugs, or controlled substances to a point where you are not able to care for your safety or you are obstructing a public way, such as a sidewalk or street.
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 because 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.”
If you are accused of public intoxication, some of the common defenses include the following:
- You were not located in a public place,
- Your intoxication was involuntary,
- You were under the influence of prescribed medication,
- You were not obstructing a public path.
Penal Code 647(h) and 647(i) PC - Loitering or Peeking While Loitering
“Loitering” means hanging around a private area with no apparent purpose. Thus, loitering with the intent to commit a crime (PC 647h) or peeking into an inhabited building (PC 647i) is deemed a disorderly conduct offense.
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.”
If you were accused of loitering or peeking, some of the common legal defenses include the following:
- You had a legitimate purpose for hanging around the premises,
- You were only waiting for a friend,
- You had no intent to commit a crime,
- You did not peek into an inhabited structure.
Penal Code 647(j) PC - Invasion of Privacy
In the context of this law, “invasion of privacy” generally means behavior such as using binoculars to peep into private space or secretly filming somebody in a private setting where there was a reasonable expectation of privacy. It could also include 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.”
Some of the common legal defenses against charges of invasion of privacy include the following:
- There was no intent to invade someone's privacy,
- There was no reasonable expectation of privacy,
- The alleged victim was in a public setting place,
- The alleged victim gave their consent to have their pictures taken.
What are Related Crimes?
California has a few laws that are related to Penal Code 647 PC disorderly conduct, such as the following:
- Penal Code 602 PC trespassing - This law is violated when you enter or remain on another person's property without permission. Notably, many other types of conduct could also be considered criminal trespassing.
- Penal Code 415 PC disturbing the peace – This crime includes conduct such as fighting or challenging someone to a fight in a public place, intentionally disturbing someone with loud and unreasonable noise, and using offensive words in public that are likely to provoke a violent reaction.
- Penal Code 314 PC Indecent exposure – This sex crime law can be violated when you willfully expose your genitals to someone to gratify yourself or offend someone. This crime could be charged in addition to lewd conduct in public.
What Are the Disorderly Conduct Penalties?
As noted, all disorderly conduct crimes are misdemeanors, punishable by up to six months in county jail and a fine of up to $1,000. However, judges can impose probation instead of jail, with stipulations such as mandatory classes, counseling, community service, etc.
Notably, the Los Angeles County District Attorney will NOT typically prosecute the following disorderly conduct crimes below unless the defendant is a repeat offender within the past two years:
- PC 647(b) prostitution,
- PC 647(c) panhandling,
- PC 647(d) loiter at public toilet,
- PC 647(e) illegal squatting.
Contact our California criminal defense attorneys for a free case review. Cron, Israels & Stark has offices in Los Angeles, CA.
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