PC §600 - PUBLIC INTOXICATION W/O VIOLENCE
CLASS E MISDEMEANOR
(a) Definition
Public intoxication is the state of being visibly intoxicated or under the influence of alcohol or drugs in a public place to the degree that it presents a danger to oneself or others, or causes a disturbance to the peace and order of the community.
Types of Intoxication
Public intoxication may include, but is not limited to, the following:
Being visibly drunk or under the influence of alcohol in public places.
Being under the influence of drugs or controlled substances in public areas.
Behaving in a disruptive or disorderly manner due to intoxication, such as shouting, stumbling, or acting aggressively.
(b) Elements of the Offense
The following elements must be met to constitute public intoxication:
The defendant was visibly intoxicated or under the influence of alcohol or drugs.
The intoxication occurred in a public place, such as streets, parks, sidewalks, or public transportation.
The defendant's intoxication posed a danger to their own safety, the safety of others, or caused a disturbance to the peace and order of the community.
(c) Defenses
(a) It shall be a defense to a charge of public intoxication if the defendant can prove that they were not voluntarily intoxicated, such as being drugged without their knowledge or consent.
(b) Lack of evidence of intoxication or absence of a disturbance caused by the defendant's conduct may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as prior convictions for public intoxication, the use of violence or threats while intoxicated, or causing harm to oneself or others due to intoxication may result in increased penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
20 SECONDS OF JAIL TIME.
BOND SET
$2,000.00
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