California Penal Code 647 PC covers several types of crimes called “disorderly conduct,” which means behaviors deemed disruptive, offensive, or inappropriate in public spaces.
The disorderly conduct law covers a broad range of behavior that is considered a public nuisance or annoyance, such as lewd conduct in public, public intoxication, prostitution, panhandling, squatting, peeking while loitering, invasion of privacy, and others.
These disorderly conduct offenses are considered “quality of life” crimes. Police often attempt to “clean up” the streets through stings or increased patrols. Most of these crimes are misdemeanors but could still result in jail time.
PC 647 details a list of crimes classified as disorderly conduct, each with similar penalties if convicted. Let's review each crime and some common defense strategies an experienced defense attorney might employ to challenge the charges.
What are the Disorderly Conduct Crimes?
As noted, Penal Code 647 PC has numerous subsections with different crimes that fall under the umbrella of disorderly conduct, such as the following:
- Lewd Conduct - Penal Code 647(a) PC. Lewd conduct involves engaging in or soliciting lewd acts in public, defined as touching your private parts or another person for sexual gratification or to annoy or offend someone else. Common defenses include you were not in public, or you were in a place where you reasonably expected privacy or did not touch private parts for purposes of sexual gratification.
- Public Intoxication – Penal Code 647(f) PC. Public intoxication (drunk in public) involves being in a public place while under the influence of alcohol, drugs, or controlled substances to such a degree that you cannot care for your safety or obstruct a public way (street or sidewalk). Common defenses include that you were not in a public place, your intoxication was involuntary, or you were not obstructing a public pathway.
- Prostitution or Solicitation Penal Code 647(b) PC. This crime involves engaging in, soliciting, or agreeing to engage in prostitution – exchanging sexual acts for money or other forms of compensation. Common defenses include no money offered, asked for, or changed hands. Another defense is that undercover police entrapped you.
- Invasion of Privacy – Penal Code 647(j) PC. Invasion of privacy refers to acts such as peeping with binoculars into a private space or secretly filming someone in a private setting. It also includes acts of revenge porn. Common defenses include that there was no intent to invade anyone's privacy, no expectation of privacy (public place), or the alleged victim consented to any recordings or images taken.
- Loitering or Peeking While Loitering 647 (h) and (i) PC. Loitering means lingering or hanging around in a private area without apparent purpose. It's considered disorderly conduct when you loiter intending to commit another crime, such as peeking into an inhabited building. Common defenses include that you had a legitimate purpose for being on the premises, there was no intent to commit a crime and you did not peek into an inhabited building.
- Panhandling – Penal Code 647(c) PC. Panhandling is the act of begging or soliciting money in public places. When it becomes aggressive or disruptive, it is considered disorderly conduct. Common defenses include that your behavior was not aggressive or disruptive or you were in a private location and had permission to solicit money.
- Loitering in a Public Toilet—Penal Code 647(d) PC. This crime is the act of loitering in or about any toilet open to the public to engage in or solicit lewd or lascivious behavior. Common defenses include that you were not loitering, there is no evidence of lewd or lascivious behavior, the toilet was not open to the public, and you were entrapped by undercover police who pretended they were interested in lewd behavior and convinced you to do something you wouldn't normally do.
- Illegal Squatting – Penal Code 647(e) PC. This law prohibits someone 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. Common defenses include that you had permission from the owner, no intent to lodge (temporary shelter), and did not know you were on private property.
What Does the Law Say?
The full text of California Penal Code 647 PC is below.
647. Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(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.
(b) (1) 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.
(2) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other 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 who is 18 years of age or older 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.
(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual agrees to engage in the act of prostitution when, with the specific intent to engage, the individual manifests an acceptance of an offer or solicitation by someone who is a minor to engage so, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in the act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
(5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court under paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code if the conditions allowing temporary custody without a warrant are met.
(c) Who accosts other persons to beg or solicit alms in any public place.
(d) Who loiters in or about any toilet open to the public to engage in or solicit any lewd, lascivious, or unlawful act?.
(e) 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 control of it.
(f) 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 unrestricted use of any street, sidewalk, or other public way.
(g) If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility designated under Section 5170 of the Welfare and Institutions Code for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect an arrest for a misdemeanor without a warrant. A person placed in civil protective custody shall not, after that, be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug or the combined impact of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has committed any felony or who has committed any misdemeanor in addition to subdivision (f).
(3) A person who is a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h) 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 or committing a crime as an opportunity may be discovered.
(i) 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.
(j) (1) 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.
(2) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type to secretly videotape, film, photograph, or record by electronic means another identifiable person under or through the clothing being worn by that other person, to view the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification or being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim's identity actually to be established.
(3) (A) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type to secretly videotape, film, photograph, or record by electronic means another identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. For the purposes of this paragraph, “identifiable” means capable of identification or being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim's identity actually to be established.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, business partner associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(4) (A) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person or an image of the person depicted engaged in the act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.
(B) (i) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii) A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image.
(C) As used in this paragraph, the following terms have the following meanings:
(i) “Distribute” includes exhibiting in public or giving possession.
(ii) “Identifiable” has the same meaning as in paragraphs (2) and (3).
(iii) “Intimate body part” means any portion of the genitals, the anus, and, in the case of a female, also includes any portion of the breasts below the top of the areola that is either uncovered or visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
(i) The distribution is made while reporting an unlawful activity.
(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(iii) The distribution is made during a lawful public proceeding.
(iv) The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or interest solely because the depicted individual is a public figure.
(5) This subdivision does not preclude punishment under any section of law providing for greater punishment.
(k) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding two thousand dollars ($2,000), or both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(l) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.
(2) in unusual cases, the court may reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision when the interests of justice are best served. If the court reduces or eliminates the mandatory two days' imprisonment, the court shall specify the reason on the record.”
What Are the Penalties for Disorderly Conduct?
All the above crimes are misdemeanors that carry up to six months in jail and a fine of up to $1,000. The judge has the discretion to impose probation instead of jail, which may include conditions like mandatory classes, counseling, community service, etc.
Contact our California criminal defense attorneys for a case review. Eisner Gorin LLP is based in Los Angeles, CA.
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