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DISORDERLY CONDUCT AND RELATED OFFENSES
Disorderly conduct offenses vary widely by state. Here are some of the most common acts that are considered disorderly conduct offenses: * Public drunkenness * Inciting a riot * disturbance of the peace * loitering in certain areas * fighting / physical altercations * obstructing traffic * use of extremely obscene or abusive language * loud or unreasonable noise Wisconsin laws provide two types of disorderly conduct crimes: disorderly conduct and disorderly conduct - domestic. Both classifications of disorderly conduct charges can result in jail time, fines and probation; however, a domestic disorderly conduct charge has additional penalties including restrictions on a person's right to bear arms (hunt or carry a gun or other dangerous weapon). Types of Disorderly Conduct Crimes Minnesota Statute 609.72 defines the misdemeanor crime of disorderly conduct as taking any action “…in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that [your action] will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace." Disorderly conduct is also defined as an offense in which a person recklessly, knowingly, or intentionally: Engages in brawling or fighting Commits indecent conduct and exposure Disturbs an assembly or meeting, not unlawful in its character Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in an offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others. Some examples of disorderly conduct include making loud noises, fighting in the streets, using obscene language in a public space, loitering, and vagrancy. Preventing people from passing among a sidewalk and approaching people on public transit or in public spaces and refusing to leave them alone, may also fall under this offense. These activities may not be specifically illegal, but they can be disruptive, and thus the police may opt to charge the offender with disorderly conduct. It is also possible to plea down to a disorderly conduct charge from another charge. Many regions of the world have a law which penalizes disorderly conduct. People are usually subject to fines, and jail time if they cannot or will not pay the fine. Judges may also opt to sentence people to community service, especially if they are young offenders. Repeated charges of this nature on someone's criminal record may be considered during sentencing if that person is brought up on more serious charges and convicted. There are some distinctions between disorderly conduct and other types of activities. For example, a permitted political protest is not disorderly conduct even though it may involve loud noises and blocked streets. If marchers break off from the protest and follow a different route, however, they can be charged with disorderly conduct because they are longer acting within the bounds of their permit. Likewise, a spontaneous demonstration can result in charges related to disturbing the peace because the demonstrators have not received permission. What is threatening behavior? Words or gestures that create a reasonable fear of harm or injury. Words or gestures that cause emotional distress. Direct or indirect threats of harm or injury. Prolonged or frequent shouting that creates a reasonable fear of harm or injury. What is violent behavior? Violent behavior is defined as the use of physical force or violence to inflict harm on others, to endanger the health or safety of another person or property, or restrict the freedom of action or movement of another person. These include slapping, punching, striking, pushing, or otherwise physically attacking a person; unwelcome physical contact; throwing, punching, or otherwise handling objects in an aggressive manner; or stalking an individual. http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.42.htm |