Articles Posted in Lewd Conduct

California Penal Code §647 lays out the many different scenarios in which a person can be charged for lewd conduct under the Penal Code. Under this code section, the most common charge an be found under CP §647(f), which reads in pertinent part as follows:

“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 he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her 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”

There are some very important components to this charge. The following must be present:

  1. They must not be able to exercise care for themselves or others and
  2. Obstruct or prevent the free use of any side walk or other public way, and
  3. This must be due to an intoxication of some type

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