California Penal Code § 647 PC – Disorderly Conduct Offenses

California Penal Code § 647 PC sets forth a series of crimes commonly referred to as disorderly conduct. These offenses include lewd conduct, prostitution, panhandling, public intoxication, squatting, loitering and invasion of privacy.

• Penal Code § 647a PC addresses lewd conduct in public. It makes it a crime to engage in, or solicit someone to engage in, a lewd act in public or a place exposed to public view.
• Penal Code § 647b PC addresses prostitution and solicitation. The statute says that it is a crime to accept money for prostitution, offer an act of prostitution (soliciting), or agree to engage in prostitution. (Prostitution is trading something of value for sexual intercourse or other sexual acts.)
• Penal Code § 647c PC addresses panhandling. It says you cannot accost people in public and ask for donations.
• Penal Code § 647e PC addresses illegal squatting. The code section makes it a crime to lodge anywhere without the permission of the property owner.
• Penal Code § 647f PC  addresses public intoxication. The statute makes it an offense to be drunk in public.
• Penal Code § 647h PC addresses certain forms of loitering. It makes it a crime to loiter on someone’s property with the intent to commit a crime.
• Penal Code § 647i PC addresses peeking while loitering. The code section says it is an offense to peek into an inhabited building while loitering on private property.

Penal Code 647j PC applies to the criminal invasion of privacy. The statute makes it a crime to:

1. use a device (like binoculars) to view someone inside a private room,
2. secretly photograph or record a person’s body under the clothing for sexual arousal, or
3. secretly record or photograph someone in a private room to view that person’s body.

Penal Code 647j4 PC applies to revenge porn. It makes it an offense to publish or distribute pornographic images of a person without their consent.

Examples

• exposing your genitals to another person in public.
• setting up a tent on the property of a business without its consent.
• posting naked and sexually graphic pictures of an ex-girlfriend on social media.

Defenses

You can raise a legal defense to contest a disorderly conduct charge. A few common defenses are:

• not in public or no loitering
• arrested without probable cause, and/or
• falsely accused.

Penalties

A violation of any of these statutes is charged as a misdemeanor. This is as opposed to a California felony or an infraction.

The crimes are punishable by:

• custody in the county jail for up to six months, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys will discuss the following in this article:

• 1. Are there legal defenses to violations of these laws?
  • 1.1. Not in public or no loitering
  • 1.2. No probable cause
  • 1.3. Falsely accused
• 2. What are the 647 PC penalties?
• 3. Are there immigration consequences?
• 4. Can I get a conviction expunged?
• 5. Does a conviction affect my gun rights?
• 6. Are there related offenses?
  • 6.1. Disturbing the peace – PC 415
  • 6.2. Trespass – PC 602
  • 6.3. Indecent exposure – PC 314

1. Are there legal defenses?

You can challenge a California Penal Code 647 PC Charge with a legal defense.

Three common defenses are:

1. not in public or no loitering,
2. no probable cause, and/or
3. falsely accused

1.1. Not in public or no loitering

Many of the PC 647 laws provide that you are only guilty if you:

1. committed an act while in public, or
2. did something while loitering.

This means it is a valid defense for to say that you did not commit an act:

• while in public, or
• while loitering.

Example: Police officers come to Nia’s home after a neighbor complains of loud music. The cops find her severely intoxicated and arrest her for being drunk in public, a crime under PC 647f.

Nia can fight this charge. The statute says that a person is only guilty of public intoxication if he is drunk in public. Here, Nia was in her own private home and not “in public.”

1.2. No probable cause

Prior to a lawful arrest:

• police must have probable cause that you committed a crime,
• before they can arrest you for the crime committed.

Probable cause means a “reasonable belief” that you did, or tried to, break the law. A defense, therefore, for these offenses is for you to say that the cops did not have probable cause to make an arrest.

1.3. Falsely accused

You may be wrongfully accused of committing one of these crimes. Perhaps, for example, your angry ex-girlfriend lies and says that you engaged in prostitution. A valid defense, then, is for you to say that you were unjustly blamed for the crime.

2. What are the 647 PC penalties?

A violation of any of the above statutes is charged as a misdemeanor offense.

The crimes are punishable by:

• custody in the county jail for up to six months, and/or
• a maximum fine of $1,000.

Note that a judge may award you with:

• misdemeanor (or summary) probation,
• instead of jail time.

Note that the L.A. County D.A.’s office generally does not prosecute PC 647(b),(c),(d), or (e) cases unless you have been a repeat offender within the last 24 months.¹

3. Are there immigration consequences?

Disorderly conduct involving lewd conduct or prostitution may result in a non-citizen defendant being either:

• deported, or
• getting labeled as “inadmissible.”²

Therefore, non-citizens charged with these crimes should retain experienced criminal defense counsel immediately to attempt to get the charges dropped or changed to non-CIMT offenses.

4. Can I get a conviction expunged?

Yes, provided that you successfully complete:

1. probation, or
2. a jail term (whichever is relevant).

An expungement releases you from many of the hardships that arise out of a conviction.³

5. Does a conviction affect my gun rights?

A violation of a disorderly conduct law will not affect your gun rights.

According to California law:

• if you are convicted of a certain crime (like a felony),
• you are then prohibited from buying or owning a gun.

Offenses under PC 647, however, are not these types of crimes.

6. Are there related offenses?

There are three crimes related to disorderly conduct. These are:

1. disturbing the peace – PC 415,
2. trespass – PC 602, and
3. indecent exposure – PC 314.

6.1. Disturbing the peace – PC 415

Penal Code 415 PC is the California statute that makes it a crime to “disturb the peace,” meaning to either:

• fight, or challenge someone to a fight, in a public place,
• purposefully disturb another person with loud and unreasonable noise, and
• use offensive words in a public place that are likely to provoke a violent reaction.

Many of the same disorderly conduct defenses can be used to beat charges under this statute.

6.2. Trespass – PC 602

Penal Code 602 PC is the California statute that defines the crime of criminal trespass. You commit trespassing when you:

1. enter, or remain on, someone else’s property, and
2. do so without permission or a right to do so.

This statute describes over thirty activities that are considered criminal trespass.

6.3. Indecent exposure – PC 314

California Penal Code 314 PC prohibits the sex crime of “indecent exposure.” You commit this offense when you:

1. willfully expose your genitals to someone else, and
2. do so to sexually gratify yourself or offend another person.

Depending on the facts of the case, an indecent exposure charge could also be charged as lewd conduct in public.

Legal References:

The full language of Penal Code 647 reads as follows:

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 in 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 an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an 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 an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an 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 an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an 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 pursuant to 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 warrant are met.

(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.

(d) 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.

(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 in 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 own safety or the safety of others, or by reason 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.

(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 pursuant to 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 who has been placed in civil protective custody shall not thereafter 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 under the combined influence 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 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 and for the purpose of committing a crime as 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, by means of 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, 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, 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 capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually 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 capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually 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, or business partner or 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 the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an 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) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

(C) As used in this paragraph, “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 clearly 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 in the course of 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 in the course of a lawful public proceeding.

(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, or by a fine not exceeding two thousand dollars ($2,000), or by 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) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.

Endnotes: