# Public urinaton: sex offense in the USA? **URL:** \ **Category:** Factual Questions\ **Created:** [July 27, 2007, 2:53pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377 "2007-07-27T14:53:32Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![elmwood](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmwood/32/3060_2.png) [@elmwood](https://boards.straightdope.com/u/elmwood)\ **Post date:** [July 27, 2007, 2:53pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/1 "2007-07-27T14:53:32Z")
On various message boards, I keep reading others mention that public urination, even if it’s behind a building in an alley where nobody can see the act, is considered a sex offense. Basically, pee outdoors in an area where someone can potentially see you, and you’ll be an RSO forever. True? ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [July 27, 2007, 3:17pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/2 "2007-07-27T15:17:24Z")
[QUOTE=elmwood] On various message boards, I keep reading others mention that public urination, even if it’s behind a building in an alley where nobody can see the act, is considered a sex offense. Basically, pee outdoors in an area where someone can potentially see you, and you’ll be an RSO forever. True? [/QUOTE] I had a friend get a ticket/arrested for urinating on a police car. To the best of my knowledge he is not a RSO. ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [July 27, 2007, 3:23pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/3 "2007-07-27T15:23:03Z")
> [@California Penal Code](#): > > PENAL CODE > SECTION 314-318.6 > > 1. Every person who willfully and lewdly, either: > > ``` > 1. Exposes his person, or the private parts thereof, in any > > ``` > > public place, or in any place where there are present other persons > to be offended or annoyed thereby; or, > > PENAL CODE > SECTION 290-294 > > 1. (a) (1) (A) Every person described in paragraph (2), for the > rest of his or her life while residing in California, or while > attending school or working in California, as described in > subparagraph (G), shall be required to register with the chief of > police of the city in which he or she is residing, or the sheriff of > the county if he or she is residing in an unincorporated area or city > that has no police department, and, additionally, with the chief of > police of a campus of the University of California, the California > State University, or community college if he or she is residing upon > the campus or in any of its facilities, within five working days of > coming into, or changing his or her residence within, any city, > county, or city and county, or campus in which he or she temporarily > resides… > (2) The following persons shall be required to register pursuant > to paragraph (1): > (A) Any person who, since July 1, 1944, has been or is hereafter > convicted in any court in this state or in any federal or military > court of a violation of Section 187 committed in the perpetration, or > an attempt to perpetrate, rape or any act punishable under Section > 286, 288, 288a, or 289, Section 207 or 209 committed with intent to > violate Section 261, 286, 288, 288a, or 289, Section 220, except > assault to commit mayhem, Section 243.4, paragraph (1), (2), (3), > (4), or (6) of subdivision (a) of Section 261, or paragraph (1) of > subdivision (a) of Section 262 involving the use of force or violence > for which the person is sentenced to the state prison, Section > 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) > of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, > 288.5, 288.7, or 289, Section 311.1, subdivision (b), (c), or (d) of > Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, > former Section 647a, subdivision (c) of Section 653f, \*\*subdivision 1 > or 2 of Section 314, \*\* any offense involving lewd or lascivious conduct > under Section 272… Bolding mine. Public Urination can be and often is prosecuted under PC 314 and people are made to register as RSO. One way to avoid the registration requirement is to get the judge to intentionally not notify the defendant of the registration requirement during sentencing. That way if ever prosecuted he can raise the lack of notice as a defense. Also you can try to plead to another code section such as disturbing the peace. There are several strategies to avoid registration requirement, unfortunately people do sometimes get forced to register due to overzealous/unethical prosecutors and lazy Public Defenders or bad private attorneys. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [July 27, 2007, 3:30pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/4 "2007-07-27T15:30:20Z")
Part of the reason for it to be classed as a sex offense is that flashers would often use the “I was only pissing” defense, which would devolve into a “He said/she saw” argument (and probably a pretty difficult situation for the victim). To eliminate that, it was classed as a sex offense. ---
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [July 27, 2007, 3:31pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/5 "2007-07-27T15:31:37Z")
Too late to add: ETA: The arresting officer qualifies as “present other persons to be offended or annoyed thereby” for purposes of this statute. So if the officer comes up to you after the act you would have a good defense. Nobody has to actually see you but they must be present or could have seen you if they looked. Note the statute does not require anybody actually be offended. ---
**Author:** ![whole\_bean](https://avatars.discourse-cdn.com/v4/letter/w/96bed5/32.png) [@whole\_bean](https://boards.straightdope.com/u/whole_bean)\ **Post date:** [July 27, 2007, 3:47pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/6 "2007-07-27T15:47:50Z")
I got popped for peeing on an oak tree behind a pool bar in Gainesville Florida on the night of the football national chamopionship celebration ('96/97, not '06/'07). I was charged with disorderly conduct and was put through a deferred prosecution program for first time offenders. The state ended up dropping the charges after I kept my nose clean for six months. I am not a sex offender, registered or otherwise. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [July 27, 2007, 3:59pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/7 "2007-07-27T15:59:12Z")
In case it isn’t painfully obvious already, sex offenses, like most crimes are state crimes and you will need at least 50 answers with subparts to know the whole story. I have read legitimate stories of this happening somewhere but I don’t have the specifics. ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [July 27, 2007, 4:02pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/8 "2007-07-27T16:02:34Z")
Heh huh. Heh huh huh. “Penal code.” Huh huh. ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [July 27, 2007, 5:12pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/9 "2007-07-27T17:12:48Z")
I asked a cop about this. If the urinator is acting with discretion, the most a cop will do will be to say something to them. The “sex offender” is for people who repeatedly pee in public around other people. There’s an alley way in my town known as "Pee-er’s Place."Walking by it on a hot summer day is an olfactory experience. ---
**Author:** ![DanBlather](https://avatars.discourse-cdn.com/v4/letter/d/f4b2a3/32.png) [@DanBlather](https://boards.straightdope.com/u/DanBlather)\ **Post date:** [July 27, 2007, 5:20pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/10 "2007-07-27T17:20:25Z")
A mentally retarded associate of mine was charged with a sex offense for public urination (he is old and has incontinence problems). A high priced lawyer helped the charges get dropped, but he could have easily been a RSO. ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [July 27, 2007, 5:28pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/11 "2007-07-27T17:28:43Z")
[QUOTE=whole bean] I got popped for peeing on an oak tree behind a pool bar in Gainesville Florida on the night of the football national chamopionship celebration ('96/97, not '06/'07). I was charged with disorderly conduct and was put through a deferred prosecution program for first time offenders. The state ended up dropping the charges after I kept my nose clean for six months. I am not a sex offender, registered or otherwise. [/QUOTE] The same thing happened to me, minus being in Florida and any championship celebrations. I heading home from a bar with some friends; they all peed behind the gas station unnoticed, but the minute I unzipped, I get a flashlight spotlighting my junk and I hear “When you’re finished there, son, come over and talk to me.” Part of me was really hoping that was a cop behind the flashlight… I got the same 6-month probation, but the public defender _did_ mention possible RSO status; but he said that was a real long shot. ---
**Author:** ![ltfire](https://avatars.discourse-cdn.com/v4/letter/l/7ea924/32.png) [@ltfire](https://boards.straightdope.com/u/ltfire)\ **Post date:** [July 27, 2007, 11:25pm UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/12 "2007-07-27T23:25:58Z")
I posted a short news article in MPSIMS a while ago…sorry , can’t find it. It told of an arrest of a man urinating in a park, and the cop charged him with ‘discharging raw sewage’. Heh. 😃 ---
**Author:** ![Chotii](https://avatars.discourse-cdn.com/v4/letter/c/71e660/32.png) [@Chotii](https://boards.straightdope.com/u/Chotii)\ **Post date:** [July 28, 2007, 4:14am UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/13 "2007-07-28T04:14:58Z")
This is only anecdotal, mind you, but the ex-husband of a friend was fired from a job on accusation of sexual harrassment. His crime? Taking a piss on the railroad tracks that run through his former jobsite. This is something a lot of the men do (or did at the time), because the bathroom is something like a half-mile walk across the site. But apparently a female co-worker saw it and complained. I doubt he even knew she was there, he was just thinking about his bladder and not having to walk half a mile to the toilet, but…there you go. ---
**Author:** ![Khampelf](https://avatars.discourse-cdn.com/v4/letter/k/8e7dd6/32.png) [@Khampelf](https://boards.straightdope.com/u/Khampelf)\ **Post date:** [July 29, 2007, 6:32am UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/14 "2007-07-29T06:32:15Z")
[QUOTE=whole bean] I got popped for peeing on an oak tree behind a pool bar in Gainesville Florida \ I am not a sex offender, registered or otherwise. [/QUOTE] The hell you’re not, buddy. That oak tree still has nighmares about you. 😉 ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [July 29, 2007, 6:57am UTC](https://boards.straightdope.com/t/public-urinaton-sex-offense-in-the-usa/413377/15 "2007-07-29T06:57:27Z")
[QUOTE=Happy Lendervedder] I get a flashlight spotlighting my junk [/QUOTE] It looks like junk? Sorry to hear that.