What is "public intoxication" under the Penal Code?

Public intoxication is defined under the Penal Code as a situation where an individual is visibly impaired by the influence of alcohol or drugs while being in a public place. This definition emphasizes the observable effects of intoxication, which can pose a risk to both the individual and the surrounding public due to potential disruptive behavior or inability to care for oneself.

The focus on "visible impairment" is key; it means that law enforcement or bystanders can clearly observe that the individual is under the influence, demonstrating a level of impairment that could lead to unsafe circumstances. This is why simply being under the influence in a private setting or consuming alcohol in public does not meet the criteria for public intoxication, as the individual would not be exhibiting disruptive behavior for others to witness. Additionally, being intoxicated without any visible signs does not align with the legal definition, as it would not pose a tangible risk to public safety. Therefore, the correct answer highlights the importance of observable impairment in determining public intoxication.