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8/26/2007
Just the facts, Police or Detective
Category: Criminal Law
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VerifiedIU Parent,
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"Public Urination" is most often charged as a misdemeanor, which would be charged as follows (per the Iowa Code):
Fine: $65.00-$625.00 (the guilty party may serve a jail sentence of no more than 30 days rather than pay the fine)
Here is the Iowa Code section,
903.1 Maximum sentence for misdemeanants.
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and a specific penalty is not provided for or if a person under eighteen years of age has been waived to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix the period of confinement or the amount of fine, which fine shall not be suspended by the court, within the following limits:
a. For a simple misdemeanor, there shall be a fine of at least sixty–five dollars but not to exceed six hundred twenty–five dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at least three hundred fifteen dollars but not to exceed one thousand eight hundred seventy–five dollars. In addition, the court may also order imprisonment not to exceed one year.
From my experience "Urinating in Public" is often regulated by city or county ordinances. My research of the Iowa (Criminal) Code reveals no "Public Urination" or "Urinating in Public" statute and this offense is not listed under "Disorderly Conduct." Do you have the Iowa Code or specific city code section on a citation?
I can't believe a "true" public urination matter would fall under "Sex Offenses". If the urinator had other motives and either accidentally or intentionally revealed his (or her) genitals during the urination, the District Attorney's Office would be able to charge the more serious offense of "Indecent Exposure" and possibly demand registration as a sex offender.
Truthfully, the actual charges to be filed would depend on the evidence available, including observations by witnesses and/or law enforcement.
Thank you for your question. If you find the following information helpful, please click "ACCEPT" at the bottom of the page.
"Public Urination" is most often charged as a misdemeanor, which would be charged as follows (per the Iowa Code):
Fine: $65.00-$625.00 (the guilty party may serve a jail sentence of no more than 30 days rather than pay the fine)
Here is the Iowa Code section,
903.1 Maximum sentence for misdemeanants.
1. If a person eighteen years of age or older is convicted of a simple or serious misdemeanor and a specific penalty is not provided for or if a person under eighteen years of age has been waived to adult court pursuant to section 232.45 on a felony charge and is subsequently convicted of a simple, serious, or aggravated misdemeanor, the court shall determine the sentence, and shall fix the period of confinement or the amount of fine, which fine shall not be suspended by the court, within the following limits:
a. For a simple misdemeanor, there shall be a fine of at least sixty–five dollars but not to exceed six hundred twenty–five dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine.
b. For a serious misdemeanor, there shall be a fine of at least three hundred fifteen dollars but not to exceed one thousand eight hundred seventy–five dollars. In addition, the court may also order imprisonment not to exceed one year.
From my experience "Urinating in Public" is often regulated by city or county ordinances. My research of the Iowa (Criminal) Code reveals no "Public Urination" or "Urinating in Public" statute and this offense is not listed under "Disorderly Conduct." Do you have the Iowa Code or specific city code section on a citation?
I can't believe a "true" public urination matter would fall under "Sex Offenses". If the urinator had other motives and either accidentally or intentionally revealed his (or her) genitals during the urination, the District Attorney's Office would be able to charge the more serious offense of "Indecent Exposure" and possibly demand registration as a sex offender.
Truthfully, the actual charges to be filed would depend on the evidence available, including observations by witnesses and/or law enforcement.
IU,
Here is the text from Iowa City Municpal Code section 8-5-6. This section covers both "Public Urination" and "Indecent Exposure":
8-5-6: INDECENT EXPOSURE AND CONDUCT:
A.It shall be unlawful for a person to allow or permit the exposure of the genitals, buttocks, female breasts or pubes of such person to another not the person's spouse or partner or to commit a sex act in the presence or view of another person except a spouse or partner, if: (1978 Code §24-114; amd. 1994 Code)
1. The person does so to arouse or satisfy the sexual desire of either of them; and
2. The person knows or reasonably should know that the act is offensive to the viewer.
B."Sex act" means any act, actual or simulated, which involves contact with human or animal genitalia or the anus. This would include, but not be limited to, such acts as masturbation or sexual intercourse.
C.It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place or in any place open to public view, provided this subsection shall not apply to restrooms or public facilities designated for such purpose. (1978 Code §24-114)
Here is the penalty should the defendant be found guilty. All municipal code violations are considered "Infractions" (similar to a common traffic ticket) unless they are classified otherwise under state law. Like I mentioned previously, I have been unable to locate any "Public Urination" statutes in the Iowa Code, and from my experience, these types of offenses are governed on a local (city or county) level.
B.Violations, Penalties And Alternative Relief:
1. Any violation of this code, with the exception of any violation which is a felony, aggravated misdemeanor or serious misdemeanor under state law or if the violation is a simple misdemeanor under the code of Iowa, as amended, is a municipal infraction.
2. Unless another civil penalty is provided elsewhere in this code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties for each day a violation exists or continues: (1978 Code §1-21; amd. 1994 Code)
First offense
$ 100.00
Second offense
250.00
Third and subsequent offenses
500.00
Environmental infraction each offense
1,000.00
(Ord. 98-3849, 8-25-1998)
Here is the text from Iowa City Municpal Code section 8-5-6. This section covers both "Public Urination" and "Indecent Exposure":
8-5-6: INDECENT EXPOSURE AND CONDUCT:
A.It shall be unlawful for a person to allow or permit the exposure of the genitals, buttocks, female breasts or pubes of such person to another not the person's spouse or partner or to commit a sex act in the presence or view of another person except a spouse or partner, if: (1978 Code §24-114; amd. 1994 Code)
1. The person does so to arouse or satisfy the sexual desire of either of them; and
2. The person knows or reasonably should know that the act is offensive to the viewer.
B."Sex act" means any act, actual or simulated, which involves contact with human or animal genitalia or the anus. This would include, but not be limited to, such acts as masturbation or sexual intercourse.
C.It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place or in any place open to public view, provided this subsection shall not apply to restrooms or public facilities designated for such purpose. (1978 Code §24-114)
Here is the penalty should the defendant be found guilty. All municipal code violations are considered "Infractions" (similar to a common traffic ticket) unless they are classified otherwise under state law. Like I mentioned previously, I have been unable to locate any "Public Urination" statutes in the Iowa Code, and from my experience, these types of offenses are governed on a local (city or county) level.
B.Violations, Penalties And Alternative Relief:
1. Any violation of this code, with the exception of any violation which is a felony, aggravated misdemeanor or serious misdemeanor under state law or if the violation is a simple misdemeanor under the code of Iowa, as amended, is a municipal infraction.
2. Unless another civil penalty is provided elsewhere in this code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties for each day a violation exists or continues: (1978 Code §1-21; amd. 1994 Code)
First offense
$ 100.00
Second offense
250.00
Third and subsequent offenses
500.00
Environmental infraction each offense
1,000.00
(Ord. 98-3849, 8-25-1998)
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