Public urination is not directly addressed under California’s state Penal Code, but it can still be penalized under local laws and broader state statutes like public nuisance or disorderly conduct. While often treated as a minor offense, it can result in legal consequences ranging from citations to criminal charges.
Penalties vary depending on where the act occurs and how law enforcement chooses to charge it. In some cities, public urination is treated as a civil infraction, while in others, it may be filed as a misdemeanor or escalated to indecent exposure. If you’ve been cited, a Los Angeles criminal defense lawyer can help you understand your risk and fight the charge.
Understanding the legal framework behind public urination charges is critical because even a seemingly minor citation can have lasting effects on your record, employment, or housing opportunities. Knowing how local laws differ is the first step to a strong legal defense.
How Public Urination is Prosecuted
Public urination charges typically originate from local municipal codes, though they can also fall under state laws when the act meets certain criteria. There’s no California state law that specifically names public urination as a criminal offense, so city ordinances play a major role in enforcement.
In some jurisdictions, this behavior results in a citation for an infraction, similar to a traffic ticket. However, police may file a misdemeanor under Penal Code § 370 (public nuisance) or § 647 (disorderly conduct), depending on where the incident occurred and whether it caused alarm or disruption.
Some counties may use health and safety violations instead, citing the creation of unsanitary public conditions. These varied enforcement methods highlight why every public urination case needs a tailored defense. Even within the same county, different officers or agencies may interpret the act differently based on policy or discretion.
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Possible Charges for Public Urination
Public urination may be charged in a variety of ways depending on the city, context, and officer discretion.
Common charges include:
- Infraction: Carrying a fine but no jail time or criminal record.
- Misdemeanor public nuisance: May result in fines and up to six months in jail.
- Disorderly conduct: Often used when alcohol or public intoxication is involved.
- Indecent exposure: The most serious, potentially requiring sex offender registration.
Charges can escalate based on proximity to schools, prior offenses, or the behavior perceived by bystanders. Prosecutors may push for harsher penalties if the incident occurred during special events or near vulnerable populations.
Why These Charges Matter
Even a misdemeanor for public urination can lead to a criminal record, which may surface in background checks. Charges that seem minor at the time can create barriers when applying for jobs, housing, or professional licenses.
We’ve represented individuals charged with indecent exposure for public urination, which can carry lifetime consequences. Under Penal Code § 314, this offense may require sex offender registration if convicted, despite there being no lewd intent.
In addition to criminal exposure, those found guilty may be denied security clearance, face immigration hurdles, or suffer damage to their personal and professional reputation. That’s why immediate legal guidance is critical.
Valid Legal Defenses
The right legal defense depends on the circumstances. Our team customizes each approach based on the evidence, witness statements, and enforcement codes involved.
Strong defenses include:
- Lack of intent: Proving the act was unintentional or due to medical necessity.
- Improper statute: Showing that law enforcement used an incorrect code or ordinance.
- Insufficient evidence: Arguing there was no reliable proof the act occurred.
In some cases, we may present mitigating circumstances—such as lack of available restrooms or mistaken identity—as part of a broader strategy to dismiss or downgrade the charge entirely.
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Our Approach to Public Urination Cases
We take every charge seriously because prosecutors often try to escalate low-level cases to increase pressure. Public urination may start as a citation, but it can quickly evolve into a misdemeanor if not properly addressed.
Our approach includes:
- Analyzing the statute: We confirm whether the charge matches the alleged behavior.
- Securing evidence: We review any available bodycam, surveillance, or witness reports.
- Early resolution: We push for alternatives like diversion or informal resolution before court.
We’ve resolved many public urination cases through pretrial diversion, civil compromise, or complete dismissal—often with no criminal record and no court appearance required for our clients.
Don’t Let a Minor Charge Follow You for Life
What seems like a harmless mistake can quickly turn into a legal issue with long-term consequences. In California, even public urination can be misinterpreted or overcharged, especially in public spaces near schools or transit areas. Some clients come to us after learning their citation led to unexpected court appearances or surprise misdemeanor filings.
By that time, opportunities for early resolution may already be lost. Acting quickly is key to controlling the outcome and limiting your exposure. We take immediate steps to reduce charges, suppress harmful evidence, and open conversations with prosecutors about diversion, dismissal, or informal settlement.
At Simmrin Law Group, we’ve helped countless clients walk away from public urination charges without a conviction, without a record, and without having to step into court. If you’ve been cited or charged anywhere in California, contact us now. Our team is ready to protect your future.
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