Disorderly conduct
Disorderly conduct refers to a category of offenses that disrupt public peace and safety. Typically classified as misdemeanors, the specific actions constituting disorderly conduct can vary by state but often include behaviors such as using obscene language in public, blocking thoroughfares, making threats, being publicly intoxicated, and loitering. Most jurisdictions have laws in place to address these behaviors, especially in contexts where public order is at risk, such as during celebrations or events that may lead to disturbances. While individuals charged with disorderly conduct may face penalties like fines, probation, or community service, the consequences are generally less severe compared to more serious criminal offenses. Clear definitions within disorderly conduct statutes are essential to ensure they are not deemed unconstitutional due to vagueness. Overall, this offense is commonly associated with minor incidents, often involving intoxicated individuals or minors, and is usually not seen as a significant stain on a person’s criminal record unless linked to more serious charges.
On this Page
Subject Terms
Disorderly conduct
SIGNIFICANCE: Violation of disorderly conduct statutes in most states are prosecuted as misdemeanors, and the extent of punishment is usually based on the specific nature of the disorderly conduct.
The term disorderly conduct is used in statutes to identify various acts against the public peace. It has been held to include the use of obscene language in public, the blocking of public thoroughfares, and the making of threats. It may also include conduct that is perceived as threatening morals or public decency or that constitutes a disturbance of a controversial or disorderly matter. Almost every state has a disorderly conduct law that makes it a crime to be drunk in public, to disturb the peace, or to loiter in certain areas. A statute for disorderly conduct, however, must identify acts that constitute the prohibited conduct with sufficient clarity in order to avoid being held unconstitutional because of vagueness of exactly what is prohibited by the statute.
Disorderly conduct is usually charged as a misdemeanor. Minors and the drunken adults are the most common offenders of this statute. Disorderly conduct violations are common during celebrations, such as Mardi Gras or sporting events. Although offenders are sometimes jailed in order to calm them down while they are intoxicated, the most common forms of punishment range from fines, to probation and community service. Disorderly conduct is usually not regarded as a serious blot on a person’s criminal record, unless it is accompanied by more serious offenses.
Bibliography
Michaud, Stephen G., with Roy Hazelwood. The Evil That Men Do: FBI Profiler Roy Hazelwood’s Journey into the Minds of Sexual Predators. New York: St. Martin’s Press, 1999.
Masciki, John. "Disorderly Conduct." FindLaw, 21 Aug. 2023, www.findlaw.com/criminal/criminal-charges/disorderly-conduct.html. Accessed 25 June 2024.
Sanders, Pete, and Steve Myers. Getting into Trouble or Crime. Brookfield, Conn.: Copper Beech Books, 1999.
Scott, Michael. Disorderly Youth in Public Places. Washington, D.C.: U.S. Department of Justice, Office of Community Oriented Policing Services, 2001.
"What Is Disorderly Conduct?" Legal Match, 1 Feb. 2024, www.legalmatch.com/law-library/article/what-is-disorderly-conduct.html. Accessed 25 June 2024.