To urinate in public is a crime and is punishable under the legislation of virtually all the states in the United States of America. You might be charged for this according to the law in force in your state or the person in charge of prosecuting you will make allegations that you conducted yourself in a disorderly manner or that you constituted a nuisance to the public. If you Do not have a good enough defense attorney you may be charged by the person in charge of prosecuting with lenders in public or exposure indecently. If you are convicted for this you may be ordered to include your name in the sex offenders register, which means you will be considered a sex offender possibly further rest of your life.
Urinating in public may occur when you urinate on an alleyway, sidewalk, in a public building where it is not designated for urinating, a park, plaza, beach or street where there is no legal permission for you to urinate there and you are exposed to the view of the public while you urinate. This provision of the law bans you from urinating on private property once you can be seen by the public while you urinate.
Elements of the Offense of Urinating in Public in Jefferson Parish
These are the things that the person who is prosecuting would have to prove to the court before you can be convicted of the offense of urinating in public in Louisiana as provided in the law, these elements are:
- The evidence proves that you urinated.
- Where you urinated was in the view of the public while you were urinating
- You knew that while you were urinating the public could see you.
- Where you urinated was not designated for urinating.
- You were fully aware of your actions and did them knowingly and willingly.
Some Examples of Urinating in Public are:
You are pressed so you go to the front of your house and start peeing while people were around and could see you and you knew they were around.
You are taking a walk in the park, you feel pressed so you find a tree and start peeing beside it, this is urinating in public.
You are about to enter a courthouse, there is a queue at the entrance and you feel very pressed so you go to the side and start peeing, this constitutes peeing in public.
You are walking in the street you feel pressed to pee so you look around and there is nobody in sight so you start peeing on the sidewalk.
The examples of peeing in public are not exhaustive so the next you feel pressed and you want to urinate at a place you are not sure is public think twice before you start peeing.
Possible Criminal Penalties for Urinating in Public
Under the relevant state laws urinating in public in public is considered a misdemeanor, even though it does not carry as much punishment as more serious offenses and felonies the penalty for urinating in public can be pretty steep too.
These penalties may include:
- You can be put in jail for up to a year.
- You might be ordered to pay a fine.
- You might be jailed and still be ordered to pay a fine of up to five hundred dollars.
- You might be ordered if found guilty to register as a sex offender.
- You can also be ordered to perform community service as a penalty.
- Your penalty can be a combination of any of the above stated.
The penalty might vary depending on certain factors which can include the fact that you might have been convicted of an offense before, you have violated this law before and probably received a lesser sentence.
Possible Defenses for the Offense of Urinating in Public in Jefferson Parish
If you are charged with the offense of urinating in public in Gretna, Kenner or Metairie it is advisable that you get the services of Criminal defense attorneys, at Barkemeyer Law firm we have many qualified attorneys that can help defend you if you are charged.
Some possible defenses of urinating in public are:
- Mistake: it is possible that you might have been mistaken as to the function of a public place or you were honestly mistaken as to the visibility of where you urinated to the public, especially if it is on your private property.
- You lacked the capacity to form the intention to urinate in public, if this is true then we at Barkemeyer Law firm will defend you to the best of our ability.
- You were under duress and had to urinate in public.
- False accusation.
- The defense of necessity: you can use this defense in cases of urinating in public if you can prove certain things that allude to the fact that your action of urinating in public was necessary given the circumstances, this defense is available to everyone but is used mostly by homeless people who do not have access to basic home amenities like a toilet and have no access to public toilets. This is a public policy defense and you would have to convince the judge and jury of the necessity that was present at the time in question.
Criminal Defense Attorney in Jefferson Parish
As discussed above the offense of urinating in public in Jefferson Parish, Gretna, Kenner or Metairie can be a serious one with several punishments if you do not have the right defenses to your case or you do not have the right defense attorney, this can lead to you having a criminal record and possibly registering as a sex offender for committing a lewd act. You can also be fined and this is a loss of money, you can be jailed for up to one year which can derail the projection of your life, avoid these and get in touch with us at Barkemeyer Law firm.
3900 N. Causeway Blvd., Suite 1200
Metairie, LA 70002