What is the current test for a charge of disorderly conduct under section 647 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Monroe, 12 Cal.App.4th 1174, 16 Cal.Rptr.2d 267 (Cal. App. 1993):

14 Penal Code section 647, subdivision (f) provided that "every person who is 'found in any public place under the influence of intoxicating liquor ... in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor ... interferes with or obstructs or prevents the free use of any street, sidewalk or public way is guilty of disorderly conduct, a misdemeanor.' " (Sundance v. Municipal Court, supra, 42 Cal.3d at p. 1108, 232 Cal.Rptr. 814, 729 P.2d 80.)

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