California Penal Code § 647 PC – Disorderly Conduct Offenses

California Penal Code § 647 PC makes disorderly conduct a misdemeanor carrying up to six months in jail and/or $1,000. Disorderly conduct comprises such behaviors as lewd conduct in public, prostitution, panhandling, public intoxication, squatting, loitering, invasion of privacy, and revenge porn.

Examples of disorderly conduct include:

• 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.

In this article, our California criminal defense attorneys discuss what you need to know about disorderly conduct. Click on a topic to jump to that section:

• 1. Elements of 647 PC
• 2. Defenses
• 3. Penalties
• 4. Immigration
• 5. Expungements
• 6. Gun Rights
• 7. Text of 647 PC
• 8. Related Offenses
• Additional Reading

1. Elements of 647 PC

You face disorderly conduct charges in California for allegedly committing any of the following 10 offenses:

1. Lewd conduct in public (647a PC) – engaging in, or soliciting someone to engage in, a lewd act in public or a place exposed to public view.
2. Prostitution and solicitation (647b PC) – accepting money for prostitution, offering an act of prostitution (soliciting), or agreeing to engage in prostitution. (Prostitution is trading something of value for sexual intercourse or other sexual acts.)
3. Panhandling (647c PC) – accosting people in public and asking for donations.
4. Loitering in a public bathroom (647d PC) – loitering at a public bathroom to engage in or solicit a lewd or lascivious or an unlawful act.
5. Squatting (647e PC) – lodging anywhere without the permission of the property owner.
6. Public intoxication (647f PC) – being drunk in public.
7. Loitering (647h PC) – lingering on someone’s property with the intent to commit a crime.
8. Peeking while loitering (647i PC) – peering into an inhabited building while loitering on private property.
9. Criminal invasion of privacy (647j PC) – using a device (like binoculars) to view someone inside a private room, or secretly photographing or recording a person’s body under the clothing for sexual arousal, or secretly recording or photographing someone in a private room to view that person’s body.
10. Revenge porn (647j4 PC) – publishing or distributing pornographic images of a person without their consent.

Each of these disorderly conduct crimes has their own elements that California prosecutors must prove beyond a reasonable doubt for you to be convicted.¹

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with disorderly conduct in California. In our experience, the following three defenses have been very effective at getting 647 PC charges reduced or dismissed.

1. You were falsely accused. Perhaps someone wrongfully accused you out of anger, revenge, or a misunderstanding. Often we can impeach an accuser’s credibility by poring over their texts and other electronic communications. Once we show prosecutors that the accuser was motivated to lie, they may drop the charge.
2. There was no probable cause to arrest you. Sometimes police jump the gun and arrest people for being at the wrong place at the wrong time. We find that the police’s own bodycam footage often reveals that they lacked a “reasonable belief” that you committed a crime. Prosecutors may agree to dismiss your charge if we can convince them that the police had insufficient probable cause to arrest you.
3. You were not in public or not loitering. A key element of many 647 PC offenses is that you were in public or loitering at the time of the alleged offense. So we search for video surveillance footage or eyewitnesses to show that you were in a public place and not loitering.

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

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

3. Penalties

As a California misdemeanor, disorderly conduct carries up to $1,000 in fines and/or six months in jail. In practice, judges rarely impose jail or else they grant summary probation in lieu of jail.²

Note that the L.A. County D.A.’s office generally does not prosecute the following disorderly conduct crimes unless you have been a repeat offender within the last 24 months:

• Prostitution/solicitation,
• Panhandling,
• Loitering in a public bathroom, or
• Squatting.³

Criminal Invasion of Privacy

Criminal invasion of privacy in violation of 647j PC is typically a California misdemeanor carrying up to $1,000 in fines and/or six months in jail. Meanwhile, the punishment is increased to $2,000 in fines and/or one year in jail if either:

• It is your second or subsequent offense, or
• The victim was a minor.

Finally, criminal invasion becomes a wobbler (meaning it can be charged as a misdemeanor or a felony) if:

• The victim was under 18, and
• You were at least 18, and
• It is your second or subsequent conviction.

The misdemeanor penalties are up to $2,000 in fines and/or one year in jail. The felony penalties are a jail sentence of 16 months, two years, or three years and up to $10,000.⁴

Prostitution or Solicitation

Prostitution or solicitation in violation of 647b PC is typically a California misdemeanor carrying up to $1,000 in fines and/or six months in jail.

However if you were at least 18 – and you knew that the person you solicited was a minor – the misdemeanor penalties include two days to one year in jail and/or up to $10,000.

If the minor you solicited was under 16, then prosecutors can charge you with either a:

• misdemeanor carrying up to 1 year in jail and/or $10,000 or
• felony carrying 16 months, 2 years, or 3 years in jail and up to $10,000.

Finally, a subsequent offense of soliciting a minor under 16 is always a felony carrying 16 months, two years, or three years in jail and up to $10,000.⁵

4. Immigration

Disorderly conduct in California is potentially deportable if the case involves lewd conduct or prostitution. Non-citizens facing any criminal charge should retain experienced criminal defense counsel to attempt to get the charges dropped or changed to non-deportable offenses.⁶

5. Expungements

A disorderly conduct conviction can be expunged in California once you complete probation or jail. An expungement releases you from many of the hardships that arise out of a conviction.⁷

6. Gun Rights

A disorderly conduct conviction in California will not affect your gun rights. The only exception is if you were convicted of criminal invasion of privacy (647j PC) or solicitation of prostitution (647b PC) as a felony.⁸

7. Text of 647 PC

California’s disorderly conduct statute reads as follows:

Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (l), 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 a public place or in a 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, an 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, an 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, an 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 a public place or in a place open to the public for the purpose of begging or soliciting alms.

(d) Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act.

(e) Who lodges in a 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 a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an 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, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a 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 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 a drug or under the combined influence of intoxicating liquor and a drug.

(2) A person who a peace officer has probable cause to believe has committed a felony, or who has committed a 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 an 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) (i) 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 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, when subclauses (I) to (III), inclusive, are all true:

(I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress.

(II) The person depicted suffers serious emotional distress.

(III) One of the following has occurred:

(ia) The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private.

(ib) The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy.

(ic) The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted.

(ii) A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an 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 that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which 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. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense.

(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 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.

(iv) The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public 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.

(6) A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654.

(k) (1) Except as provided in paragraph (3), 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) Except as provided in paragraph (3), 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.

(3) If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense.

(l) (1) (A) If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and 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, except as provided in paragraph (2).

(B) 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 paragraph. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.

(2) (A) If the solicited minor was under 16 years of age at the time of the offense, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking under Section 236.1, the violation is punishable by either of the following:

(i) Imprisonment in the county jail not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).

(ii) Imprisonment pursuant to subdivision (h) of Section 1170.

(B) A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.

8. Related Offenses

Disturbing the Peace – 415 PC

Disturbing the peace in California comprises either:

1. Fighting, or challenging someone to a fight, in a public place; or
2. Purposefully disturbing another person with loud and unreasonable noise; or
3. Using offensive words in a public place that are likely to provoke a violent reaction.

Many disorderly conduct defenses can be used to beat disturbing the peace charges.

Trespass – 602 PC

You commit trespass when you enter, or remain on, someone else’s property without permission or a right to do so. Penal Code 602 PC describes more 30 specific activities that are considered trespass.

Indecent Exposure – 314 PC

Indecent exposure occurs when you willfully expose your genitals to someone else 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.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The Fighting Words Doctrine – Columbia Law Review.
• Fighting the Fighting Words Standard: A Call for Its Destruction – Rutgers Law Review.
• Disturbing the Peace – Central Law Journal.
• Civil Disturbances, Mass Processing and Misdemeanants: Rights, Remedies and Realities – The Journal of Criminal Law, Criminology, and Police Science.
• Disorderly Conduct Statutes in our Changing Society – William & Mary Law Review.

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