Disorderly Conduct Laws
Disorderly conduct can include many disruptive or offensive behaviors. In most cases, this is a relatively minor crime. However, a conviction may cause social embarrassment and professional difficulties. Someone accused of disorderly conduct should think twice before telling their side of the story to law enforcement directly. They should consider talking to an attorney who handles these cases and can help them try to minimize any consequences.
What Is Disorderly Conduct?
Disorderly conduct is a minor crime that may refer to a wide range of disruptive or offensive behaviors in public places.
Elements of Disorderly Conduct
To get a conviction for disorderly conduct, a prosecutor will need to show that the defendant engaged in acts within the scope of the statute. Some of these laws define prohibited acts very broadly. For example, the Florida statute prohibits acts that corrupt the public morals, outrage the sense of public decency, or affect the peace and quiet of people who may witness them, as well as brawling, fighting, or other behavior that is a breach of the peace or disorderly conduct. Other laws provide more detail. New York defines disorderly conduct as these activities:
- Engaging in fighting or violent, tumultuous, or threatening behavior
- Making unreasonable noise
- Using abusive or obscene language or making an obscene gesture in a public place
- Disturbing a lawful assembly or meeting without lawful authority
- Obstructing vehicular or pedestrian traffic
- Congregating with others in a public place and refusing to comply with a lawful order of the police to disperse
- Creating a hazardous or physically offensive condition by an act that serves no legitimate purpose
Generally, a prosecutor also will need to prove that the defendant had a certain mental state. This may involve simply showing that the defendant acted intentionally or knowingly, as required in Texas. Other statutes describe a more specific mental state. New York and Pennsylvania require a prosecutor to prove that the defendant intended to cause public inconvenience, annoyance, or alarm, or recklessly created such a risk.
Examples of Disorderly Conduct
Phil walks into the middle of a busy street as part of a "truth or dare" game. This forces drivers to stop and maneuver around him, causing several near-collisions.
Peter sees his ex-girlfriend and her new boyfriend in a public park. He follows them around the park, screaming obscenities at them.
Offenses Related to Disorderly Conduct
Some forms of behavior that might support a disorderly conduct charge also could result in more serious charges, such as:
- Assault and battery: might be charged based on a fight in public
- Indecent exposure: might be charged if the defendant exposed certain body parts, such as their genitals, in public
- Public intoxication: perhaps the defendant was drunk in a public place
- Drug possession: perhaps the defendant was caught with certain controlled substances in a public place
A prosecutor might use a disorderly conduct charge as a fallback option if they are not sure whether they can prove a more specific charge.
Defenses to Disorderly Conduct
Sometimes a defendant might fight a disorderly conduct charge by arguing that their behavior did not fall within the scope of the statute. Perhaps it would not have disturbed or offended other people or put their safety at risk. If the defendant was not arrested on the spot, meanwhile, they might claim that the police identified the wrong suspect. In this case, the defendant might present an alibi, showing that they were somewhere else at the time.
Another type of challenge to a disorderly conduct charge involves arguing that the provision supporting the charge is unconstitutional. Perhaps the law prohibits forms of speech, expression, or assembly protected by the First Amendment to the U.S. Constitution. Or the statute may be written in such general terms that it is “void for vagueness.” This means that a person reading the law would not know what it required or what behavior would violate it.
Penalties for Disorderly Conduct
The good news for someone convicted of disorderly conduct is that they probably will not spend a long time in jail. These offenses are usually classified as misdemeanors, or even lesser offenses, rather than felonies. Here are some examples of standard penalties for disorderly conduct in various states:
- Arizona: up to 6 months
- California: up to 6 months
- Florida: up to 60 days
- New York: up to 15 days
- Pennsylvania: up to 90 days
- Texas: fine only (no jail time)
- Washington: up to 90 days
- Wisconsin: up to 90 days
However, certain factors may increase the potential penalties. For example, Arizona makes this offense a felony in certain situations involving a deadly weapon. Pennsylvania elevates the charge from a summary offense to a third-degree misdemeanor if the defendant continued in their behavior after being warned or asked to stop, or if they intended to cause substantial harm or serious inconvenience.
