6.600 — PUBLIC INTOXICATION WITHOUT VIOLENCE

Violations of "Statute 6.600" results in a Class E Misdemeanor

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(a) Definitions

Public intoxication without violence refers to a situation where a person is intoxicated by alcohol or drugs in a public place but does not engage in violent or disruptive behavior. The individual may be exhibiting signs of intoxication such as impaired judgment, unsteady movements, or slurred speech, but they do not pose a direct threat to others or cause harm to themselves or property.

(b) Elements

To establish the offense of public intoxication without violence, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was intoxicated by alcohol, drugs, or a combination of both.

2. The defendant was in a public place, such as a street, park, or other areas open to the public.

3. The defendant did not engage in violent or threatening behavior, such as fighting, causing harm to others, or destroying property.

(c) Defenses

Defenses against a charge of public intoxication without violence may include:

• The defendant was not intoxicated, or the signs of intoxication were due to a medical condition or disability, not substance use.

• The defendant was not in a public place at the time of the alleged offense or was there unintentionally.

• The defendant did not exhibit the required level of impairment to be considered intoxicated by the legal definition.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant’s behavior posed a risk to their own safety or the safety of others, even if no violence occurred.

• The defendant has previous convictions related to public intoxication, indicating a pattern of behavior.

• The defendant was intoxicated in a location where intoxication poses a greater risk to public safety, such as near a school or in traffic.