The term disorderly conduct is a “catch-all” term that encompasses behavior that disturbs public peace and safety. This broad term is often used to describe excessive noise, fighting, public intoxication or making threats.
Disruptive behaviors that threaten public safety are often misdemeanors, associated with several long- and short-term consequences. Let’s examine the term disorderly conduct, how prosecutors prove it in court and what the penalties may include.
Massachusetts Definition of Disorderly Conduct
Massachusetts General Laws chapter 272, section 53 governs misdemeanor offenses; specifically, section 53(b) pertains to disorderly persons and disturbing the peace. The statute defines a crime as engaging in “offensive and disorderly acts or language or accosting or annoying another person.” It also covers lewd and lascivious speech, behavior, and indecent exposure.
Examples of disorderly conduct include:
- Obscene language,
- Hindering or preventing the movement of persons or vehicles in traffic
- Public nudity
- Engaging in fights
- Making threats to individuals or property
- Being excessively noisy
- Creating a dangerous condition
- Public urination
- Loitering without a legitimate purpose
- Being out of control at a bar, venue or private establishment
- Threatening law enforcement
What Prosecutors Need to Prove in a Disorderly Case
Prosecutors must prove several elements when charging an individual with disorderly conduct. To prove a case of disorderly conduct, prosecutors must establish that the defendant did one of the following: engaged in fighting or threatening behaviors, exhibited violent or tumultuous behavior, or created a hazardous or physically offensive condition. Additionally, the actions must have been reasonably likely to affect the public, and the defendant must have caused, intended to cause, or recklessly created public inconvenience or alarm.
Penalties of Disorderly Conduct
If found guilty of disorderly conduct, an individual may face fines, jail time, community service or probation, depending upon the severity of the incident.
In the Commonwealth of Massachusetts, the fines for disorderly conduct could be up to $150 for a first offense. For a subsequent offense, the fine may increase to $200. For first offenses, probation may be given; for repeat offenses, offenders may face up to six months in jail.
Fines, jail time, and probation time could increase if the conduct included the use of a weapon, destruction of property, or a history of prior offenses.
Individuals charged with disorderly conduct should seek legal counsel to review local laws and the specifics of the case, including the nature of the conduct, criminal history, and other aggravating factors. If you have questions about your case, talk to our team at the Law Office of Patriock Conway. Contact us through our site or call us directly at 978.473.7599.