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A typical statutory definition of disorderly conduct

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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-25-09 11:15 PM
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A typical statutory definition of disorderly conduct
http://en.wikipedia.org/wiki/Disorderly_conduct

A person who recklessly, knowingly, or intentionally:
(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;

.... What is "tumultuous conduct," what constitutes "unreasonable noise", or what "disrupts 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. ...

.... 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.

Section 647: Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor
(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 ....

================================
http://www.masscriminaldefense.com/disorderly.htm
Arrested in Massachusetts for Disorderly Conduct or Disturbing the Peace?


A disorderly person is defined as one who:

* with purpose to cause public inconvenience, annoyance or alarm, or
* recklessly creates a risk thereof
* engages in fighting or threatening, violent or tumultuous behavior, or
* creates a hazard or physically offensive condition by any act which serves no legitimate purpose.

Conviction for Disorderly conduct in MA can be punishable by imprisonment for up to 6 months.
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