When you’ve gotta go, you’ve gotta go.
Most people would agree that peeing in an alley in an emergency isn’t the end of the world, but the fact remains that it’s still a crime. Every state in the U.S. has laws against public urination, but how it’s handled varies based on where you are. Alongside state laws, some municipalities may have additional ordinances against public urination.
In this guide, we’ll discuss public urination laws in Texas and other states to give you an idea of the penalties you could face if caught. If you’re facing charges in Texas, consulting an Austin personal injury lawyer can help you understand your rights and possible defenses.
Key Takeaways
Public urination is illegal in every part of Texas, with some municipalities having additional laws against public urination with stricter penalties than the state law.
Conventional public urination is a Class C misdemeanor, but if it’s believed that you were reckless or intended to expose yourself publicly to offend or for sexual reasons, you could be charged with a Class B or Class A misdemeanor.
Criminal penalties for being found guilty of public urination include fines, probation, community service, being forced to join the sex offender registry, or even incarceration.
Several defenses exist for challenging public urination charges, including that your legal rights were violated, you were misidentified, or you had a valid medical condition.
If you’re facing public urination charges, it’s best to contact an attorney to give yourself the best chance of winning your case.
What is the Texas Public Urination Law?
Public urination is illegal in Texas and classified as disorderly conduct, based on the Texas Penal Code Title 9. This part of the law covers various behaviors considered offensive or disorderly in a public place, including public urination.
If a police officer sees someone relieving themselves in public, they should issue you a ticket. In most cases, this is as far as it goes, but it depends. For example, local jurisdictions might have stricter laws on public urination, including some counties that consider it to be indecent exposure, which is a sexual offense that can land you on the sex offender registry.
How Common is Public Urination?
Public urination is remarkably common. According to a YouGov survey, 32% of men have gone to the toilet in a public place, with just 6% of women doing the same. The same survey finds that 71% of men choose a bush or a tree when they can’t find a public bathroom.
In short, public urination is more common than you think. Granted, the majority of people are unlikely to be caught. Likewise, if you’re polite and friendly, you may have encountered an officer who let you off with a warning.
Texas Public Urination vs. Indecent Exposure
Public urination and indecent exposure are two charges that can result from relieving yourself on public property. Generally, public urination is the lesser charge leading to little more than a fine or minor legal penalty. Indecent exposure is a more serious charge and may result in being forced to register as a sex offender.
Let’s compare the two.
Public Urination
Charge – Public urination is typically classified as a Class C misdemeanor under the Texas Penal Code Section 12.23.
Legal Consequences – In Texas, a misdemeanor in the third degree is punishable by a fine of up to $500.
Repercussions – The repercussions of a disorderly conduct charge for public urination are relatively minor. Typically, you’ll pay a small fine, but it will appear on your record, which may impact your career.
Indecent Exposure
Charge – An indecent exposure charge involves exposing the genitals or anus in public with the intent to offend. It’s a considerably more serious offense and is a Class B misdemeanor under the Texas Penal Code Section 21.08.
Legal Consequences – Texas state law reveals that you could be fined up to $2,000 for indecent exposure. However, you may also suffer other penalties, including community service and probation.
Repercussions – Indecent exposure charges can result in being registered as a sex offender, which can have a massive impact on your ability to advance your career and access housing. In extreme cases, you could even be incarcerated.
What is a Public Lewdness Charge?
In rare cases, you may be charged with public lewdness. Under Texas law, public urination may lead to public lewdness charges. Typically, to be charged with public lewdness, there must be a sexual element. It’s rare to be charged for it simply because you relieved yourself in public, but it can happen.
For example, suppose a drunk driver crashed their car and then relieved themselves in front of a school while children were waiting for the school bus. Clearly, this is far more than disorderly conduct or indecent exposure.
Public lewdness is classified as a Class A misdemeanor. If convicted, you could be fined up to $4,000 under the Texas Penal Code Section 12.21. Under the Texas Penal Code Section 21.07, you could also face a prison sentence of up to one year.
Overall, as you can see from each charge, the issue is less about the act of public urination but the circumstances and the intent behind it.
Can You Become a Sex Offender for Public Urination in Texas?
It’s possible to find yourself on the sex offender registry after relieving yourself in public. It’s the thing most people fear the most, but not every act of peeing in public will lead to being listed on the sex offender registry.
Ordinary public urination, or a Class C misdemeanor, will usually result in a fine and potentially community service. You can’t be placed on the registry for this charge. If you’re charged with indecent exposure or public lewdness and you’re found guilty, you could be forced to register.
Generally, first-time public urination offenses are unlikely to result in joining the sex offender registry. However, frequent offenders can receive harsher penalties. Obviously, the consequences are enormous, with sex offenders facing challenges with their careers, housing, and the social stigma.
Public Urination Penalties by State
Every state treats public urination differently. Most view public urination as a misdemeanor, but some states take a harsher view of the practice. For example, repeat offenders in Arizona can see their charges upgraded to felonies.
Whether in Texas or traveling to another state, being aware of the penalties of relieving yourself at the side of the highway or in an empty parking lot is crucial. Here’s a rundown of all 50 states and the potential penalties:
| State | Penalties | Imprisonment | Fines |
|---|---|---|---|
| Alabama | Misdemeanor | Up to 6 months | Up to $500 |
| Alaska | Class B misdemeanor | Up to 90 days | Up to $2,000 |
| Arizona | Class 1 misdemeanor | Up to 6 months | Up to $2,500 |
| Arkansas | Class A misdemeanor | Up to 1 year | Up to $2,500 |
| California | Misdemeanor & Infraction | Up to 6 months | Up to $1,000 |
| Colorado | Public indecency & Indecent exposure | Petty offense with jail time - potential felony charges | Petty offense with fines |
| Connecticut | Class B misdemeanor | Up to 6 months | Up to $1,000 |
| Delaware | Misdemeanor | Up to 1 year | Up to $2,300 |
| Florida | Misdemeanor | Jail time varies | Fines varies |
| Georgia | Misdemeanor | Up to 1 year | Up to $1,000 |
| Hawaii | Petty misdemeanor | Up to 30 days | Up to $1,000 |
| Idaho | Misdemeanor | Up to 6 months | Up to $1,000 |
| Illinois | Class A misdemeanor | Up to 1 year | Up to $2,500 |
| Indiana | Class A misdemeanor | Up to 1 year | Up to $5,000 |
| Iowa | Serious misdemeanor | Up to 1 year | Up to $1,875 |
| Kansas | Class B misdemeanor | Up to 6 months | Up to $1,000 |
| Kentucky | First-degree: Class B misdemeanor & Second degree: Class A misdemeanor | Class B misdemeanor: Up to 90 days Class A misdemeanor: Up to 12 months | None |
| Louisiana | Misdemeanor | Up to 6 months | Up to $1,000 |
| Maine | Class E crime | Up to 6 months | Up to $1,000 |
| Maryland | Misdemeanor | Up to 60 days | Up to $500 |
| Massachusetts | Misdemeanor | Potential jail time & permanent criminal record | Ranges from $100 to $500 |
| Michigan | Misdemeanor | Up to 1 year | Up to $1,000 |
| Minnesota | Misdemeanor | Up to 90 days | Up to $1,000 |
| Mississippi | Misdemeanor | Up to 6 months | Up to $500 |
| Missouri | Class B misdemeanor | Up to 6 months | Up to $1,000 |
| Montana | Misdemeanor | Up to 6 months | Up to $500 |
| Nebraska | Class II misdemeanor | Up to 6 months | Up to $1,000 |
| Nevada | Gross misdemeanor | Up to 1 year | Up to $2,000 |
| New Hampshire | Misdemeanor | Up to 1 year | Up to $2,000 |
| New Jersey | Disorderly persons offense | Up to 6 months | Up to $1,000 |
| New Mexico | Misdemeanor | Up to 6 months | Up to $500 |
| New York | Class B misdemeanor | Up to 3 months | Up to $500 |
| North Carolina | Class 2 misdemeanor | Up to 60 days | Up to $1,000 |
| North Dakota | Class B misdemeanor | Up to 30 days | Up to $1,500 |
| Ohio | First offense: minor misdemeanor & Subsequent offense: misdemeanor | Misdemeanor: Up to 60 days | Minor misdemeanor: Up to $150 |
| Oklahoma | Misdemeanor | Up to 6 months | Up to $500 |
| Oregon | Misdemeanor | Up to 6 months | Up to $2,500 |
| Pennsylvania | Summary offense | Up to 90 days | Up to $300 |
| Rhode Island | Misdemeanor | Up to 6 months | Up to $500 |
| South Carolina | Misdemeanor | Up to 30 days | Up to $200 |
| South Dakota | Class 2 misdemeanor | Up to 30 days | Up to $500 |
| Tennessee | Misdemeanor | Up to 6 months | Up to $500 |
| Texas | Class C misdemeanor | Prior conviction result in harsher penalties | Up to $500 |
| Utah | Misdemeanor | Up to 6 months | Up to $1,000 |
| Vermont | Misdemeanor | Up to 60 days | Up to $500 |
| Virginia | Class 4 misdemeanor | May result in jail time | Up to $250 |
| Washington | Gross misdemeanor | Up to 364 days | Up to $5,000 |
| West Virginia | Misdemeanor | Up to 6 months | Up to $500 |
| Wisconsin | Misdemeanor | Up to 6 months | Up to $1,000 |
| Wyoming | Misdemeanor | Up to 6 months | Up to $750 |
Alabama — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
Alaska — Class B misdemeanor: Up to 90 days imprisonment and fines up to $2,000.
Arizona — Class 1 misdemeanor: Up to 6 months imprisonment and fines up to $2,500. Subsequent offenses can be felonies.
Arkansas — Class A misdemeanor: Up to 1 year imprisonment and fines up to $2,500.
California — Misdemeanor: Up to 6 months in county jail and/or fines up to $1,000. Infraction: Fines up to $100. Indecent exposure may require sex offender registration.
Colorado — Public indecency: Petty offense with fines and/or jail time. Indecent exposure: Potential felony charges.
Connecticut — Class B misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Delaware — Misdemeanor: Up to 1 year imprisonment and fines up to $2,300.
Florida — Misdemeanor: Penalties vary by locality and may include fines and/or jail time.
Georgia — Misdemeanor: Up to 1 year imprisonment and fines up to $1,000. Subsequent offenses can be felonies.
Hawaii — Petty misdemeanor: Up to 30 days imprisonment and fines up to $1,000.
Idaho — Misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Illinois — Class A misdemeanor: Up to 1 year imprisonment and fines up to $2,500.
Indiana — Class A misdemeanor: Up to 1 year imprisonment and fines up to $5,000.
Iowa — Serious misdemeanor: Up to 1 year imprisonment and fines up to $1,875.
Kansas — Class B misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Kentucky — First-degree: Class B misdemeanor with up to 90 days imprisonment. Second-degree: Class A misdemeanor with up to 12 months imprisonment.
Louisiana — Misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Maine — Class E crime: Up to 6 months imprisonment and fines up to $1,000.
Maryland — Misdemeanor: Up to 60 days imprisonment and fines up to $500.
Massachusetts — Misdemeanor: Fines ranging from $100 to $500, potential jail time, and a permanent criminal record.
Michigan — Misdemeanor: Up to 1 year imprisonment and fines up to $1,000.
Minnesota — Misdemeanor: Up to 90 days imprisonment and fines up to $1,000. Subsequent offenses can be gross misdemeanors or felonies.
Mississippi — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
Missouri — Class B misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Montana — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
Nebraska — Class II misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Nevada — Gross misdemeanor: Up to 1 year imprisonment and fines up to $2,000. Subsequent offenses can be felonies.
New Hampshire — Misdemeanor: Up to 1 year imprisonment and fines up to $2,000. Subsequent offenses can be felonies.
New Jersey — Disorderly persons offense: Up to 6 months imprisonment and fines up to $1,000.
New Mexico — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
New York — Class B misdemeanor: Up to 3 months imprisonment and fines up to $500.
North Carolina — Class 2 misdemeanor: Up to 60 days imprisonment and fines up to $1,000.
North Dakota — Class B misdemeanor: Up to 30 days imprisonment and fines up to $1,500.
Ohio — First offense: Minor misdemeanor with fines up to $150. Subsequent offenses: Misdemeanor with up to 60 days jail time and higher fines.
Oklahoma — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
Oregon — Misdemeanor: Up to 6 months imprisonment and fines up to $2,500.
Pennsylvania — Summary offense: Fines up to $300 and/or 90 days imprisonment.
Rhode Island — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
South Carolina — Misdemeanor: Up to 30 days imprisonment and fines up to $200.
South Dakota — Class 2 misdemeanor: Up to 30 days imprisonment and fines up to $500.
Tennessee — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
Texas — Class C misdemeanor: Fine up to $500. A prior conviction may result in harsher penalties.
Utah — Misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Vermont — Misdemeanor: Fines up to $500 and/or imprisonment up to 60 days.
Virginia — Class 4 misdemeanor: Fine up to $250. Subsequent offenses may result in jail time.
Washington — Gross misdemeanor: Up to 364 days imprisonment and fines up to $5,000.
West Virginia — Misdemeanor: Up to 6 months imprisonment and fines up to $500.
Wisconsin — Misdemeanor: Up to 6 months imprisonment and fines up to $1,000.
Wyoming — Misdemeanor: Up to 6 months imprisonment and fines up to $750.
Criminal Penalties for Urinating in Public
Criminal penalties for urinating in public range from fines to community service and incarceration. Some of these penalties may be significant with long-lasting consequences, such as being forced to register as a sex offender.
So, what penalties could you face from these criminal charges?
Fines
Probation
Community service
Sex offender registration
Incarceration
Of course, criminal penalties are only a single part of the puzzle. It will go down on your record if you’re found guilty of a misdemeanor. Americans who work in professions where a clean criminal background is essential could lose their jobs.
Public Urination Defenses
Facing charges for public urination still means you’re innocent until proven guilty. Several legal defenses are available to you to either reduce the charges or dismiss them entirely. Naturally, your circumstances are unique, so your lawyer will determine the best course of action.
Typically, these criminal cases focus on four routes:
No Intent – Your lawyer may argue that you weren’t intending to expose yourself publicly. Proving a lack of intent can mean reducing an indecent exposure charge to a mere disorderly conduct charge.
No Visibility – Another route is showing that you were in a secluded area well out of sight of the public. Although still illegal and technically in a public place, proving that you took steps to avoid being seen can prevent more serious charges.
Medical Condition – Some conditions may have frequent urination as a side effect. Likewise, certain medications can result in the uncontrollable urge to pee. If you have a prescription or a valid condition on your medical record, you could get the charges dismissed entirely.
Mistaken Identity – Your attorney may also use a mistaken identity offense. For example, if the officer only has a vague description of the offender, you could argue that it wasn’t you. Questioning the identification process can create enough doubt in the prosecution’s case that the charges will be dismissed.
How Public Urination Cases are Built Against Offenders
Knowing how officers build their cases can help you strategize when building your defense. Remember, police officers may issue tickets whether they have proof or not. Even if an officer believes you were urinating because you were unzipping your pants, they can issue you a ticket and a summons.
Officers rarely catch people directly in the act and instead rely on the balance of probabilities when deciding whether to issue tickets. To deal with this problem, a police officer may ask questions to get the defendant to admit to what they did.
For example, suppose a defendant answers a simple question with an apology, this type of evidence can be used against you. In all cases, the best way to combat this issue is to refuse to answer any questions. You’re legally obligated to show your ID but nothing more.
Should You Hire a Lawyer to Fight a Public Urination Charge?
It’s always smart to hire a lawyer if you’ve been charged with any type of misdemeanor because of the consequences if you’re found guilty. The long-term consequences of having a mark on your record far outweigh the initial cost of hiring a legal professional.
Some of the functions of attorneys include:
Utilizing their legal knowledge and extensive experience.
Negotiating with prosecutors to reduce the charges or penalties.
Seeking alternatives to traditional punishments, such as educational programs.
Challenging the evidence presented by the prosecution.
Taking advantage of constitutional defenses.
Supporting you in navigating the formalities and procedures of the courts.
Contact DJC Law For Help Fighting Your Public Urination Charge
Public urination might not seem like a big deal, but it’s got enormous legal ramifications. Texas makes things even more complicated because the laws can vary by jurisdiction due to local ordinances.
If you’re facing one of these charges, ensure you have the best legal representation by your side. Whether you’re a first-time offender or concerned about incarceration, get in touch with DJC Law for your free consultation.
Public Urination Laws FAQs
Can you go to jail for public urination?
In rare cases, you could go to jail for public urination. In Texas, you may be charged with either indecent exposure or lewd conduct, which are Class B and Class A misdemeanors respectively. Depending on the circumstances, you may receive a custodial sentence at a state correctional facility for such conduct.
How can I avoid public urination charges?
The best way to avoid public urination charges is to plan ahead in the same way you would to avoid public intoxication charges. Unless you have a provable medical condition, you can be charged with disorderly conduct, public indecency, or public lewdness.
Can I be charged for public urination on private property?
Yes, it’s possible to be charged even if you were on private property, such as your own yard. Peeing on private property is your business, but you can still be charged with public urination if the place you decide to urinate can be seen from a public place.
