Public Urination Laws and Sex Offender Registration in California

Last Updated on July 2, 2025

While most people support sex offender registration laws, many still fear the repercussions of getting labeled as a sex offender for a non-sexual act. One of the most common concerns is that simply urinating in public could be considered a sex crime, possibly ruining someone’s life for what should be a minor infraction. Because these crimes can be complex and are often up for debate, it is generally advisable to speak with a lawyer if you have any questions. The good news is that in California, public urination is typically not considered a sex offense.

Is Public Urination a Crime in California?

In California, you probably won’t get charged with any crime simply for urinating in public, let alone a sex crime. In fact, the only state law that explicitly prohibits this act is Penal Code 640(d)(3) (PC), which bans urinating or defecating on public transportation. Even then, this law is only an infraction, and it excludes those who cannot follow the law due to age, disability, or medical conditions.

Of course, just because public urination laws don’t apply outside of public transportation doesn’t mean you can wander around urinating everywhere you go. There are still laws outlawing this kind of behavior, including stricter rules under city and county municipal codes.

Is Public Urination Considered Indecent Exposure in California?

Sometimes it can be. Fortunately, while indecent exposure falls under the blanket of “sex crimes,” this charge is rarely applicable to those relieving themselves in public because the law requires the prosecution to be able to prove you willingly exposed yourself in public with the intent to bring attention to your genitals for the sexual motivation of yourself or another person. In other words, unless you were actively trying to get someone to look at your genitals while relieving yourself with the intent to arouse yourself or someone else, you are not guilty of this offense.

If you are charged with indecent exposure, do not discuss your case or say anything at all to the police or prosecution without first speaking to your attorney. A good lawyer may still be able to have the charges changed or reduced as long as you do not incriminate yourself by saying something that will hurt your case.

Disorderly Conduct

Under state law, public urination can be considered disorderly conduct under Penal Code 647 (PC). Under subsection (a), it can be filed as a charge of lewd conduct in public. While this offense can involve activities performed for sexual gratification, unlike indecent exposure, it can also be done to annoy or offend others. So, if someone pees on someone’s property or otherwise intends to annoy or offend someone by urinating, they could be guilty of this crime.

Peeing in public can also be a crime under 647(f) (PC) if someone urinates publicly because they are too intoxicated to care for their own safety or the safety of others. A drunk person can also be charged if they urinate in a way that interferes with or obstructs the unrestricted use of a street or sidewalk.

Public Nuisance Charges

In most cases, peeing in public in California will be charged under Penal Code 372 (PC). This charge makes it a crime to do anything that offends someone or interferes with the life or property of the community, and urinating in public could do both.

Penalties for Urinating in Public

Whether charged as indecent exposure, disorderly conduct, or a public nuisance, peeing in public is always a misdemeanor charge, punishable by a maximum of months in jail. However, most offenders will only be sentenced to probation and community service. Indecent exposure is the only one of these offenses that can be considered a sex offense requiring registration on the Megan’s Law list.

San Diego County Municipal Code

San Diego County outlaws urinating or defecating in any place open to the public or exposed to public view. Municipal Code 56.55 makes this activity an infraction, punishable by a fine or community service.

City of Vista Municipal Code

Under Vista Municipal Code 8.50.010, urinating or defecating on a street, sidewalk, alley, plaza, park, public building, publicly maintained facility, or any place open to the public or exposed to public view is a misdemeanor.

Defenses to the Charges

There are many defenses to these allegations, but the right strategy for your case will vary based on the circumstances of your case. In all cases, though, you may be able to fight the charges if the officer didn’t actually see you urinating. Circumstantial evidence, such as a suspect pulling on their zipper next to a wet puddle of urine, is typically insufficient to prove these charges. However, arguing you did not pee in public is not going to be a good defense if the officer and multiple witnesses watched you pull down your pants and start urinating.

Fighting charges for indecent exposure could involve arguing the activity was not done for sexual gratification or pleading the charges down to lewd conduct to avoid the potential consequence of sex offender registration. On the other hand, fighting a charge under the Vista municipal code could mean trying to have the charge reduced to an infraction, so you only have to pay a fine. If that doesn’t work, a diversion program could be beneficial, as it means you can avoid serving jail time and have the conviction remain off of your criminal record.

Frequently Asked Questions

Can I Go to Jail for Peeing in Public?

Most people cited for peeing in public will only face an infraction, meaning they just have to pay the ticket. However, while it’s rare for people to go to jail for public urination in California, it can happen. In fact, if you are convicted of indecent exposure related to peeing in public, you could be sent to jail for six months and be required to register as a sex offender for ten years.

Is “I Really Needed to Go” a Defense?

“Necessity” is a defense to many crimes under the law, including public urination offenses. However, this defense comes down to whether a reasonable person would believe the activity to be necessary. If you believed something was necessary at the time, but an ordinary citizen would not, this defense will not work.

So, for example, imagine you were in an area with no public bathrooms —not even any open businesses nearby. In this case, urinating in an alley or behind a bush may be necessary to avoid peeing your pants. On the other hand, if you could use the bathroom in a nearby business or decided to go pee while facing street traffic and pedestrians, your actions would not be considered reasonable.

Call a Lawyer

If you have been charged with public urination, please contact criminal defense attorney Peter M. Liss at (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.