Public Drunkenness; Defined & Punished

(a) A person is guilty of an offense if he appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity. (b) An offense under this Section constitutes a petty misdemeanor if the defendant has been convicted hereunder twice before within a period of one year. Otherwise the offense constitutes a violation. SOURCE: G.P.C. §§ 652; See also § 647(9) (10); *M.P.C. § 250.5; Cal. § 1235, 1240 (1971); N.J. § 2C:33-5. COMMENT: While it might be desirable to provide a non-criminal remedy for getting intoxicated persons off the street, none has been found. Until one is, a penal remedy coupled with adequate sentencing authority to provide treatment and cure seems to provide the only reasonable alternative.