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Thread: Urinating in Public....

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    Urinating in Public....

    What is the Correct charge for this?

    I've heard indecent exposure... but there is no intent to arouse or gratify....

    Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

    (b) An offense under this section is a Class B misdemeanor.

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    Well in municipalities the class c is urinating in public

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    What reid said, most cities will have a city ordinance for this.

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    Disorderly Conduct (#10)
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    Urinating in Public= me every now and again on a backroad when i'm 15 miles from town, granted I'm not in town, but I've had to stop along the highway a time or two..

    I've ran into both male and females urinating in public, never did I believe it was Indecent exposure. Discretion with this is huge in my humble opinion, most every officer I know has had a, can't hold it moment.

    Now with that said, if you have some idiot that's not smart enough to go somewhere where no one is around, write him the class C if you can.. It's been my experience that the person who does it where it's visible to other people, is usually intoxicated and can take a ride for that..
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    It's an affirmative defense if the actor has "uromysitisis."

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    Your city has to have an ordnance for this.

    If your city does not have one then you have to see their genitals and you can write them for disorderly conduct.
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    Just as beavo451 said: Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act

    I cited this idiot a couple of weeks ago. A family was in the backyard of their house when this guy took a dump and a whiz next to a tree in an empty lot next to their residence. Through a little investigation, I found him at his apartment a few blocks away and cited him. He was on his way home after drinking after work and he just couldn't wait. in order to hopefully win the case, I took images of the scene and the "evidence" and sent them in with the citation. I went the extra step since little children witnessed it.

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    Quote Originally Posted by ftttu View Post
    Just as beavo451 said: Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act

    I cited this idiot a couple of weeks ago. A family was in the backyard of their house when this guy took a dump and a whiz next to a tree in an empty lot next to their residence. Through a little investigation, I found him at his apartment a few blocks away and cited him. He was on his way home after drinking after work and he just couldn't wait. in order to hopefully win the case, I took images of the scene and the "evidence" and sent them in with the citation. I went the extra step since little children witnessed it.
    If you did this great job, if not keep this in mind. Make sure you document the the anus or genitalia was seen by you and/ or the complainant. If the anus or genitalia where not seen then this charge does not apply.
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    Quote Originally Posted by Tmg View Post
    If you did this great job, if not keep this in mind. Make sure you document the the anus or genitalia was seen by you and/ or the complainant. If the anus or genitalia where not seen then this charge does not apply.
    +1 TMG

    Don't know the facts, but the only way this would fit into disorderly conduct is if the gentleman faced the complainant and whizzed... The only way he could expose his anus would be to bend over and spread his cheeks in front of them as well.. If that's the case, then he fits what's illegal to a tee..

    However if the above didn't happen, you don't have DC...
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    Urinating in public is not a valid offense alone under the PENAL CODE. I do believe you can find it to be an offense in the health and safety code. improperly desposing of human waste. Not the exact title but it is there.

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    Quote Originally Posted by K9krazy21 View Post
    +1 TMG

    Don't know the facts, but the only way this would fit into disorderly conduct is if the gentleman faced the complainant and whizzed... The only way he could expose his anus would be to bend over and spread his cheeks in front of them as well.. If that's the case, then he fits what's illegal to a tee..

    However if the above didn't happen, you don't have DC...
    The original call came out as an indecent exposure but it quickly turned to disorderly conduct after the quick story upon my arrival. The husband and wife along with their older child saw his little guy when he stood up. All the details were included in the PC affidavit.

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    Quote Originally Posted by K9krazy21 View Post
    +1 TMG

    Don't know the facts, but the only way this would fit into disorderly conduct is if the gentleman faced the complainant and whizzed... The only way he could expose his anus would be to bend over and spread his cheeks in front of them as well.. If that's the case, then he fits what's illegal to a tee..

    However if the above didn't happen, you don't have DC...
    Disorderly Conduct #2 would work in that case then.

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    strangest one of these I ever had was this guy walking down the sidewalk like nothing was going on with his junk out just going. no hands, not walking "funny" nothing, just walking and pi**ing.... I swear I work in a zoo sometimes...
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    Depends on how many times he shakes it.

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    Quote Originally Posted by Tmg View Post
    If you did this great job, if not keep this in mind. Make sure you document the the anus or genitalia was seen by you and/ or the complainant. If the anus or genitalia where not seen then this charge does not apply.
    Your DA may not take it unless it is seen, but CLEARLY it does not necessarily HAVE to be seen. Only that he is reckless about whether someone MAY see it.
    (a) A person commits an offense if he intentionally or knowingly (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.
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    Quote Originally Posted by txcowboy1911 View Post
    What is the Correct charge for this?

    I've heard indecent exposure... but there is no intent to arouse or gratify....

    Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

    (b) An offense under this section is a Class B misdemeanor.
    I don't know if uirnating would count as arousing or gratifying sexual desire, except for maybe R. Kelly.

    Cite for DC. If there's kids around, hook is arse up, if you can get away with that in your area.
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    Quote Originally Posted by JTShooter View Post
    strangest one of these I ever had was this guy walking down the sidewalk like nothing was going on with his junk out just going. no hands, not walking "funny" nothing, just walking and pi**ing.... I swear I work in a zoo sometimes...
    You do work in a zoo... Lol.
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    What about PI... but then again, thats if they are intox
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    Quote Originally Posted by School Cop View Post
    Your DA may not take it unless it is seen, but CLEARLY it does not necessarily HAVE to be seen. Only that he is reckless about whether someone MAY see it.
    Well since it is a class C then the DA wont have anything to do with it. It goes to municipal court with the city prosecutor.

    I would say that if nobody saw their genitalia then it will be pushing it to prove they were reckless. If nobody saw it, then how do you prove they were reckless reckless...... If nobody saw it, then they weren't too reckless.

    But you are right it does have a lot to do with your city attorney and judge.
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    If someone saw his genitals, it's DOC. If it's in a city with a Urinating in Public Place ordinance, then it's violation of city ordinance. If it's out in the county area and no one saw anything, then no harm no foul. I've peed in plenty a cow pasture.
    And then there's PI if the person is drunk and causing trouble (i.e. danger to himself or others).
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    Wouldn't someone have to expose themselves if they are urinating in public and you see **** on the wall or ground? That's an easy citation to write. If he/she didn't expose themselves then they are probably intoxicated with **** all over them and that's an easy arrest.
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    In my county I know that at least 2 JPs take the DC, so it depends on the JP.

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    Y'all can cite someone for a misdemeanor that didn't happen in your presence? Do you not need a citizen's arrest or for the complainant to sign the ticket?

    If that's true, then God bless Texas. I'm in the wrong state.

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    Quote Originally Posted by Sierra259 View Post
    Y'all can cite someone for a misdemeanor that didn't happen in your presence? Do you not need a citizen's arrest or for the complainant to sign the ticket?

    If that's true, then God bless Texas. I'm in the wrong state.
    Not many misdemeanors.

    Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant:
    (1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;

    Chapter 42 is disorderly conduct. So we can arrest.
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