Disorderly conduct is a commonly charged offense. It’s also often misunderstood.
Most people don’t realize that a heated argument or loud outburst can quickly lead to criminal charges. Missouri’s statutes use the term “peace disturbance” and give the police broad discretion in enforcing the law. Therefore, it’s essential to understand what qualifies as disorderly conduct.
Intent is a key component
Peace disturbance covers behaviors that unreasonably disrupt others or create a risk to public safety, such as:
- Making loud or unreasonable noises in a public or private place
- Using abusive or offensive language to provoke a violent response
- Fighting or behaving in a threatening manner
- Creating a hazardous condition
- Refusing to obey lawful police instructions
A person can be charged for disruptive conduct at schools, businesses, sporting events and other gatherings. Because the laws are so broad, the police may sometimes use disorderly conduct as a catch-all charge whenever they believe someone is being uncooperative or disruptive, even for minor disturbances.
However, a conviction typically requires the prosecution to prove that the person acted purposefully, knowingly or recklessly. In other words, they:
- Meant to act that way
- Knew what they were doing, or
- Should have known that their behavior could cause disruption
Misunderstandings or unintentional noise wouldn’t meet that criterion.
Common scenarios that could lead to charges of disorderly conduct include
- Bar fights
- Disrupting school or sporting events
- Loud arguments in a residential area
- Aggressive behavior while intoxicated in public
- Interfering with police while they’re doing their job
So, what about a person’s First Amendment rights protecting free speech? While it protects speech that could be considered rude or unpopular, it’s not protected if it includes:
- True threats
- Fighting words
- Language intended to provoke a violent reaction
While most peace disturbance charges are misdemeanors, they can have long-term impacts on employment, professional licensing and criminal background checks. It’s essential to speak with someone who can evaluate the charges and determine whether your conduct meets the legal definition of a peace disturbance, whether it was a misunderstanding or whether you were exercising your constitutional rights.