Legal Question in Criminal Law in California

22 year old male got a ticket for peeing in public in CA. What can he expect?


Asked on 6/12/10, 12:23 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Without knowing the exact charges, it's hard to tell... but he should be EXTREMELY careful before entering any sort of plea.

In most places, public urination is charged as a violation of Penal Code 374.3(a), unlawfully dumping waste. This is an infraction, with a fine ranging from $100 to $1,000, plus additional fees and penalties that greatly increase the total amount. In some areas, like the college town where my office is located, the courts give defendants a choice between the maximum fine and 32 hours of community service.

However, if he is charged with Penal Code 314, indecent exposure, HE SHOULD NOT PLEAD GUILTY UNDER ANY CIRCUMSTANCES. Indecent exposure requires some sort of sexual intent, and simply urinating in public isn't usually for sexual gratification (unless there's something really kinky going on).

If he is convicted of indecent exposure, he may pay a minimal fine, but he would have to register as a sex offender for the rest of his life.

Most jurisdictions don't charge public urination as indecent exposure, but a few do. If that's his charge, he desperately needs a lawyer. If he can't afford to hire his own, the judge will appoint the public defender to represent him.

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Answered on 6/12/10, 3:55 pm


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