Disorderly conduct
Encyclopedia
Disorderly conduct is a criminal charge in most jurisdiction
s in the United States
. Typically, disorderly conduct makes it a crime to be drunk in public
, to "disturb the peace", or to loiter
in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no serious public danger. Disorderly conduct is typically classified as a violation or misdemeanor
.
Indiana's definition of "disorderly conduct" is modeled after the Model Penal Code
's definition, and is typical, but not identical, to similar laws on the statute books of other U.S. state
s. It covers a large variety of potential acts in its prohibition. "Fighting" is perhaps the clearest act within the scope of its prohibition, and "tumultuous conduct" is "conduct [...] likely to result in serious bodily injury to a person or substantial damage to property." But exactly what constitutes "tumultuous conduct", "unreasonable noise", or "disrupt[ing] a lawful assembly" are matters that are far harder to decide, and as such disorderly conduct statutes give police officers and other authorities fairly broad discretion to arrest
people whose activities they find undesirable for a wide variety of reasons. Potential punishments include a jail
term, fine, probation
, restraining orders
, or community service
.
and other forms of protected expression under the First Amendment
were not affected. They also have had occasion to curb its scope to make certain that people were (or could have been) aware that their conduct was, in fact, within the prohibition of the statute, as required by the due process
clause of the Fourteenth Amendment
. However, no court has struck down a disorderly conduct statute as being per se unconstitutionally vague or overbroad. Courts have been willing to strike down vagrancy
ordinances which are nearly as vague and do not give adequate warning.
States like California that have common law
have disorderly conduct mentioned in different codes. California Penal Code
§ 415 which is similar to the Model Penal Code reiteration above actually concerns disturbing the peace. However, in California disorderly conduct (California Penal Code § 647) lists what acts constitute disorderly conduct.
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Typically, disorderly conduct makes it a crime to be drunk in public
Public intoxication
Public intoxication, also known as "drunk and disorderly", is a summary offense in many countries rated to public cases or displays of drunkenness...
, to "disturb the peace", or to loiter
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no serious public danger. Disorderly conduct is typically classified as a violation or misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
.
Definitions
A typical definition of disorderly conduct defines the offense in these ways:- A person who recklessly, knowingly, or intentionallyMens reaMens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
:- (1) engages in fighting or in tumultuous conduct;
- (2) makes unreasonable noise and continues to do so after being asked to stop; or
- (3) disrupts a lawful assembly of persons;
- commits disorderly conduct. . .
Indiana's definition of "disorderly conduct" is modeled after the Model Penal Code
Model Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
's definition, and is typical, but not identical, to similar laws on the statute books of other U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s. It covers a large variety of potential acts in its prohibition. "Fighting" is perhaps the clearest act within the scope of its prohibition, and "tumultuous conduct" is "conduct [...] likely to result in serious bodily injury to a person or substantial damage to property." But exactly what constitutes "tumultuous conduct", "unreasonable noise", or "disrupt[ing] a lawful assembly" are matters that are far harder to decide, and as such disorderly conduct statutes give police officers and other authorities fairly broad discretion to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
people whose activities they find undesirable for a wide variety of reasons. Potential punishments include a jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
term, fine, probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
, restraining orders
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
, or community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
.
Interpretation
The courts confronted with cases stemming from these arrests have from time to time had occasion to restrict the broad and vague definitions of the statute to make certain that freedom of speech and assemblyFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and other forms of protected expression under the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
were not affected. They also have had occasion to curb its scope to make certain that people were (or could have been) aware that their conduct was, in fact, within the prohibition of the statute, as required by the due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. However, no court has struck down a disorderly conduct statute as being per se unconstitutionally vague or overbroad. Courts have been willing to strike down vagrancy
Vagrancy (people)
A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...
ordinances which are nearly as vague and do not give adequate warning.
States like California that have common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
have disorderly conduct mentioned in different codes. California Penal Code
California Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
§ 415 which is similar to the Model Penal Code reiteration above actually concerns disturbing the peace. However, in California disorderly conduct (California Penal Code § 647) lists what acts constitute disorderly conduct.
- Section 647: Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
- (a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
-
- (b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, they manifest an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.
-
- (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.
-
- (d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
-
- (e) Who lodges in any building, structure, vehicle, or place,whether public or private, without the permission of the owner or person entitled to the possession or in control of it.
-
- (f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, tolueneTolueneToluene, formerly known as toluol, is a clear, water-insoluble liquid with the typical smell of paint thinners. It is a mono-substituted benzene derivative, i.e., one in which a single hydrogen atom from the benzene molecule has been replaced by a univalent group, in this case CH3.It is an aromatic...
, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of their being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
- (f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene
-
- (h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, "loiter" means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
-
- (i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.
-
- (j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, or camcorder, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.
See also
- Henry Louis Gates arrest controversyHenry Louis Gates arrest controversyOn July 16, 2009, Harvard University professor Henry Louis Gates, Jr., was arrested at his Cambridge, Massachusetts home by a local police officer responding to a 911 caller’s report of men breaking and entering the residence...
- Disturbing the peaceDisturbing the PeaceDisturbing the Peace is the second studio album by Alcatrazz, and is the only one featuring Steve Vai on guitar. One of the singles, God Blessed Video, can be found on the fictional radio station, V-Rock, on Grand Theft Auto: Vice City. Weeks on Chart: 7, Peak: #133...
- Unauthorized practice of law
- Queen's peaceQueen's peaceThe Queen's peace is the term used in the Commonwealth realms to describe the protection the monarch, in right of each state, provides to his or her subjects...
External links
- https://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=609.72&year=2006