2966.Disorderly Conduct: Under the Inﬂuence in Public (Pen.
Code, § 647(f))
The defendant is charged [in Count ] with being under the
inﬂuence of (alcohol/ [and/or] a drug) in public [in violation of Penal
Code section 647(f)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant was willfully under the inﬂuence of (alcohol[,]/
[and/or] a drug[,]/ [and/or] a controlled substance[,]/ [and/or]
2. When the defendant was under the inﬂuence, (he/she) was in a
<Alternative 3A—unable to care for self>
[3. The defendant was unable to exercise care for (his/her) own
safety [or the safety of others].]
<Alternative 3B—obstructed public way>
[3. Because the defendant was under the inﬂuence, (he/she)
interfered with, obstructed, or prevented the free use of a street,
sidewalk, or other public way.]
Someone commits an act willfully when he or she does it willingly or on
As used here, a public place is a place that is open and accessible to
anyone who wishes to go there.
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
• Elements. Pen. Code, § 647(f).
• Public Place Deﬁned. In re Zorn (1963) 59 Cal.2d 650, 652 [30 Cal.Rptr.
811, 381 P.2d 635]; People v. Belanger (1966) 243 Cal.App.2d 654, 657 [52
Cal.Rptr. 660]; People v. Perez (1976) 64 Cal.App.3d 297, 300–301 [134