Cal Pen Code § 647 (2004)
§ 647. Disorderly conduct; Restrictions on probation
Every person who commits any of the following acts is guilty of disorderly
conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd
or dissolute conduct in any public place or in any place open to the public or
exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in
any act of prostitution. A person agrees to engage in an act of prostitution
when, with specific intent to so engage, he or she manifests an acceptance of
an offer or solicitation to so engage, regardless of whether the offer or
solicitation was made by a person who also possessed the specific intent to
engage in prostitution. No agreement to engage in an act of prostitution shall
constitute a violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission of an act
of prostitution by the person agreeing to engage in that act. As used in this
subdivision, "prostitution" includes any lewd act between persons for
money or other consideration.
(c) Who accosts other persons in any public place or in any
place open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for
the purpose of engaging in or soliciting any lewd or lascivious or any unlawful
act.
(e) Who loiters or wanders upon the streets or from place to
place without apparent reason or business and who refuses to identify himself
or herself and to account for his or her presence when requested by any peace
officer so to do, if the surrounding circumstances would indicate to a
reasonable person that the public safety demands this identification.
(f) 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 such 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.
(g) When a person has violated subdivision (f) of this
section, a peace officer, if he or she is reasonably able to do so, shall place
the person, or cause him or her 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
which would be lawful were he or she effecting an arrest for a misdemeanor without
a warrant. No person who has been placed in civil protective custody shall
thereafter be subject to any criminal prosecution or juvenile court proceeding
based on the facts giving rise to this placement. This subdivision shall not
apply to the following persons:
(1) Any person who is under the influence of any drug, or
under the combined influence of intoxicating liquor and any drug.
(2) Any person who a peace officer has probable cause to
believe has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f) of this section.
(3) Any 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 any
inhabited building or structure, without visible or lawful business with the
owner or occupant.
(j) Who lodges in any 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.
(k) (1) Any 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, or
camcorder, the interior of a 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 shall not apply to those areas
of a private business used to count currency or other negotiable instruments.
(2) Any 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.
In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be charged in the
accusatory pleading. If the previous conviction is found to be true by the
jury, upon a jury trial, or by the court, upon a court trial, or is admitted by
the defendant, the defendant shall be imprisoned in a county jail for a period
of not less than 45 days and shall not be eligible for release upon completion
of sentence, on probation, on parole, on work furlough or work release, or on
any other basis until he or she has served a period of not less than 45 days in
a county jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a county jail for
at least 45 days. In no event does the court have the power to absolve a person
who violates this subdivision from the obligation of spending at least 45 days
in confinement in a county jail.
In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each such previous conviction shall
be charged in the accusatory pleading. If two or more of these previous
convictions are found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or are admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 90 days and
shall not be eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until he or she
has served a period of not less than 90 days in a county jail. In all cases in
which probation is granted, the court shall require as a condition thereof that
the person be confined in a county jail for at least 90 days. In no event does
the court have the power to absolve a person who violates this subdivision from
the obligation of spending at least 90 days in confinement in a county jail.
In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the person to
operate a motor vehicle pursuant to Section 13201.5
of the Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a vehicle. In lieu
of the suspension, the court may order a person's privilege to operate a motor
vehicle restricted, for not more than six months, to necessary travel to and
from the person's place of employment or education. If driving a motor vehicle
is necessary to perform the duties of the person's employment, the court may
also allow the person to drive in that person's scope of employment.