Prosecuting Misdemeanors – Part Two

PublishedJanuary 12, 2021

Every state has a system for categorizing felonies and misdemeanors, which the state's penal code represents. Class 1 through Class 3, or Class A through Class C, are the most common classifications for misdemeanors. Classes 1 and A, in either case, denote the most serious crimes and carry the harshest penalties.

Loitering to Commit Prostitution – Penal Code §653.22(a)(1)

In California, it is a crime to loiter in a public place for the purpose of engaging in prostitution. This section allows a police officer to arrest someone for intending to solicit or engage in prostitution, even if the person never actually does so. Actions that can result in being under arrest with loitering to commit prostitution include:

  • a woman who walks back and forth on a street where all business after working hours, and she approaches several vehicles with male drivers for short conversations
  • a woman wearing revealing clothing sits at a bus stop for several minutes but does not get into the bus when it arrives but waves at passing cars with male drivers
  • a minor female walks slowly through an area known for prostitution activity and is with other women who have a history of prostitution arrests

Public Intoxication – Penal Code §647(f)

In California, it is a crime to be under the influence from drugs or alcohol, while in a public place, to the point of being unable to care for your safety or that of others. Examples of actions that may result in being charged with public intoxicated include:

  • after a bartender cuts a person off because they are under the influence, that person grabs a stool and throws it across the bar
  • while drunk, a person lies down on a set of train tracks and fights off a passerby that tries to move them
  • a person under the influence of cocaine, passes out on a sidewalk and thereby forces people walking by to step over them

Under the Influence of Controlled Substance – Health & Safety Code §11550

This California statute makes it a crime for a person to be under the influence of a controlled substance or narcotic drug. Examples of controlled substances and drugs include cocaine, heroin, or oxycodone. Actions that may give rise to being charged with under the influence of controlled substance include:

  • going to a concert while under the influence of cocaine
  • taking several oxycodone tablets and becoming weak, tired, and dizzy
  • hallucinating after snorting phencyclidine (also known as PCP).

Drinking in Public – Los Angeles County Municipal Code §13.18.010

In California, a person may not consume an intoxicating beverage such as beer or wine on any public street, sidewalk, alley, highway, or parking lot that is open to the public. Additionally, it is illegal to consume alcohol while riding the Metro bus, train, subway, or any other mode of transportation.  However, in most cities, including Los Angeles, drinks with less than 0.5 percent alcohol are not fall into the category of alcohol and are legal to consume in public.

Minor in Possession of Alcohol – Business & Professions §25662(a)

In California, it is illegal for minors under the age of 21 years of age to possessing an alcoholic beverage in any public place. Examples that do not qualify as possession of alcohol as a minor include:

  • the minor not actually possessing the alcohol because it was not theirs
  • the minor was delivering it under orders from a boss, parent, or guardian and only possessed it for that limited purpose
  • the alcohol was discovered during an illegal search and seizure
  • the minor otherwise acted responsibly by calling 911 to report that they or another minor needed medical attention.

Drug & Paraphernalia Possession – Health & Safety Code §§11350, 11357, 11364, & 11377

Under Health & Safety Code §11350, it illegal in the state of California to have possession of a controlled substance. Examples include:

  • going to a concert with a baggie of cocaine in a backpack or purse
  • driving to a friend’s house with Vicodin in the glove box
  • walking to the neighborhood park with a bundle of heroin in your pocket.

Furthermore, Health & Safety Code §11364 makes it illegal in California to possess drug paraphernalia. Any device, instrument, or paraphernalia to use for unlawfully injecting or smoking an illegal substance falls under this category.

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