What is the essential element of a public intoxication charge?

The essential element of a public intoxication charge is being in a public place while under the influence. This means that an individual must be in a public setting, such as on the street, in a park, or in a public building, and displaying signs of intoxication due to the consumption of alcohol or drugs. The focus is on the combination of public presence and the state of intoxication, which can pose risks to the individual and others, potentially leading to disorderly conduct.

Other options, such as excessive use of profanity or engaging in nonviolent arguments, may be associated with behaviors that can occur in public intoxication situations but are not defining elements of the charge itself. Similarly, having a strong smell of alcohol may be indicative of intoxication, but it alone does not establish the context of being in a public place, which is crucial for the charge of public intoxication.