647(f) PC Explained: Public Intoxication in California

California Penal Code section 647(f) makes it a misdemeanor to be found in a public place under the influence of alcohol, drugs, a controlled substance, or toluene, either in a condition where the person cannot care for their own safety or the safety of others, or in a way that blocks a street, sidewalk, or other public way. It is one of several acts that section 647 groups under the label "disorderly conduct."

This page covers 647(f) in detail: what it says, what the official jury instruction requires, the civil protective custody alternative in 647(g), and the penalty. It then summarizes the other subdivisions of section 647 more briefly. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 647(f) says

Section 647 opens with the line that sets the classification for all its subdivisions:

"Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (l), a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:"

Subdivision (f) then describes the person who:

"is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way."

Two things stand out in that text. Being under the influence in public is not enough by itself; the person must also be unable to care for their own or others' safety, or must be obstructing a public way. And the substance does not have to be alcohol.

Civil protective custody under 647(g)

Subdivision (g) gives officers an alternative to a criminal case:

"If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates."

The officer may use the kind and degree of force authorized for a warrantless misdemeanor arrest. The key consequence: "A person who has been placed in civil protective custody shall not thereafter be subject to criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement."

Subdivision (g) does not apply to:

1. A person who is under the influence of a drug, or under the combined influence of alcohol and a drug.
2. A person who an officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to 647(f).
3. A person who an officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.

What the prosecution has to prove

The official jury instruction for 647(f) is CALCRIM No. 2966, "Disorderly Conduct: Under the Influence in Public (Pen. Code, § 647(f))," published by the Judicial Council of California (2026 edition). The prosecution must prove that:

1. The defendant was willfully under the influence of alcohol, a drug, a controlled substance, or toluene.
2. When under the influence, the defendant was in a public place.
3. Either the defendant was unable to exercise care for their own safety or the safety of others, or, because of being under the influence, the defendant interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way.

The instruction defines the place element this way: "As used here, a public place is a place that is open and accessible to anyone who wishes to go there." It defines willfully as doing something "willingly or on purpose."

Penalties under 647(f)

Subdivision (f) is not among the exceptions named in section 647's opening line, so it is "disorderly conduct, a misdemeanor." Subdivision (f) states no term of its own. Penal Code section 19 supplies the general misdemeanor punishment:

"Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both."

Where 647(g) civil protective custody is used instead, the text quoted above bars a later criminal prosecution based on the same facts.

The other subdivisions of 647

The table below gives a one-line summary of each subdivision. The official text controls.

Three points from the text of those subdivisions are worth knowing:

• 647(b)(5): subdivision (b) "does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision." Such a child may instead be treated as a dependent child of the court under the Welfare and Institutions Code.
• 647(h): "loiter" means "to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered."
• 647(j)(5): the subdivision "does not preclude punishment under any section of law providing for greater punishment."

Penalties set by 647(k) and 647(l)

These two subdivisions are the exceptions named in the opening line, and they set their own ranges:

• 647(k)(1) and (k)(2): a second or subsequent 647(j) violation, or a 647(j) violation where the victim was a minor, is punishable by county jail up to one year, a fine up to $2,000, or both.
• 647(k)(3): where the victim of a 647(j)(3) violation was a minor, a second or subsequent violation of (j)(3) is punishable by a fine up to $2,000, county jail up to one year, imprisonment under section 1170(h), or both a fine and imprisonment. This paragraph does not apply to a person who was under 18 at the time of the offense.
• 647(l)(1): when a defendant 18 or older violates 647(b), the person solicited was a minor, and the defendant knew or should have known that, the range is county jail for not less than two days and not more than one year, a fine up to $10,000, or both. The court may, in unusual cases, reduce or eliminate the two-day minimum and must state its reason on the record.
• 647(l)(2): imprisonment under section 1170(h) is added as an option where the solicited minor was under 16, or was under 18 and was caused, induced, or persuaded to engage in a commercial sex act as specified in section 236.1(c), or was more than 3 years younger than the defendant.
• 647(l)(3): a second or subsequent violation of (l)(2) "is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170."
• 647(l)(5): an individual who provides compensation in violation of (b)(2) or (b)(3) is also punished by a $1,000 fine, deposited in the Survivors Support Fund.

Where 647(k) or (l) refers to section 1170(h) without stating a term, section 1170(h)(1) supplies one: "a term of imprisonment in a county jail for 16 months, or two or three years." Under paragraph (3) of section 1170(h), an executed sentence under that subdivision is served in state prison instead when the defendant has a prior or current serious felony conviction (as described in section 1192.7(c)) or violent felony conviction (as described in section 667.5(c)), has a prior felony conviction in another jurisdiction for an offense with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under section 186.11.

Related sections

• Penal Code section 19. The general misdemeanor punishment quoted above. Official text.
• Penal Code section 1170(h). The county jail felony term that 647(k)(3) and 647(l) refer to. Official text.
• Penal Code section 17. Felony and misdemeanor classification. Official text.

The official history note for section 647 reads: "Amended by Stats. 2025, Ch. 82, Sec. 4. (AB 379) Effective January 1, 2026." The note does not say which subdivisions that amendment changed, so this page makes no claim about whether 647(f) was affected.

Other statute explainers are collected in our statutes library.

What happens after an arrest for 647(f) PC

A "647(f)" on a booking record is the arresting agency's charge. The prosecutor decides whether to file a charge at all, and a person placed in civil protective custody under 647(g) is, by the statute's terms, not prosecuted on those facts. Where a charge is filed, the first court appearance, the arraignment, is where it is read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California disorderly conduct laws covers the wider set of public-order offenses.

Disclaimer

This page explains what California Penal Code section 647 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. Whether civil protective custody applies, and which subdivision is charged, depends on the facts, so anyone facing a 647 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

What is 647(f) PC?

California Penal Code section 647(f) covers a person found in a public place under the influence of alcohol, a drug, a controlled substance, or toluene who is unable to exercise care for their own safety or the safety of others, or who because of that influence interferes with the free use of a street, sidewalk, or other public way.

Is 647(f) a misdemeanor?

Yes. Section 647 declares the acts it lists, including subdivision (f), disorderly conduct, a misdemeanor. Subdivision (f) is not one of the exceptions named in the section’s opening line.

What is the punishment for 647(f) in California?

Subdivision (f) states no term of its own. Penal Code section 19 sets the general misdemeanor punishment: county jail up to six months, a fine up to $1,000, or both.

Does 647(f) always lead to a criminal charge?

No. Under 647(g), an officer who is reasonably able to do so shall place the person in civil protective custody at a designated 72-hour facility, and a person placed there shall not later be prosecuted on the facts giving rise to the placement. That does not apply to a person under the influence of a drug, a person believed to have committed a felony or another misdemeanor, or a person the officer believes will try to escape or be unreasonably difficult to control.

Does 647(f) only apply to alcohol?

No. The text covers intoxicating liquor, a drug, a controlled substance, toluene, or a combination of them.

What counts as a public place under 647(f)?

CALCRIM No. 2966 tells jurors that a public place is a place that is open and accessible to anyone who wishes to go there.

What is 647(b) PC?

Subdivision (b) covers prostitution: soliciting, agreeing to, or engaging in an act of prostitution to receive compensation, or while providing compensation to another person. It does not apply to a child under 18 alleged to have engaged in that conduct to receive money or other consideration. Subdivision (l) sets higher penalties when an adult solicits a minor.

What is 647(j) PC?

Subdivision (j) covers viewing the interior of a bedroom, bathroom, changing room, or similar private area to invade someone’s privacy, secretly recording a person under or through clothing or while undressed, and distributing intimate images under the conditions listed. A second or subsequent violation, or a minor victim, raises the range under 647(k).