Disorderly conduct is a crime in most jurisdictions in the United States, China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no danger. Disorderly conduct is typically classified as an infraction or misdemeanor in the United States. However, in certain circumstances it may be a felony in some US states.
United States
Definitions
A basic definition of disorderly conduct defines the offense as: Indiana's definition of "disorderly conduct" is modeled after the Model Penal Code's definition, and is typical, but not identical, to similar laws on the statute books of other U.S. states. It covers a large variety of potential acts in its prohibition. "Fighting" is perhaps the clearest act within the scope of its prohibition, and "tumultuous conduct" is "conduct likely to result in serious bodily injury to a person or substantial damage to property." But exactly what constitutes "tumultuous conduct", "unreasonable noise", or "disrupt 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. Potential punishments include a jail term, fine, probation, restraining orders, or community service. In some jurisdictions wearing a maskin public may constitute disorderly conduct.
A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:
* Engages in fighting or threatening, or in violent behavior.
* Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.
* Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
* Creates or maintains a hazardous or physically offensive condition.
U.S. courts confronted with cases stemming from disorderly conduct arrests have from time to time had occasion to restrict the broad and vague definitions of the statute to make certain that freedom of speech and assembly and other forms of protected expression under the First Amendment were not affected. Common law jurisdictions have accumulated precedents that refine interpretation of vague statutes. Courts have had occasion to curb its scope to make certain that people were aware that their conduct was, in fact, within the prohibition of the statute, as required by the due process clause of the Fourteenth Amendment. However, no court has struck down a disorderly conduct statute as being per seunconstitutionally vague or overbroad. Courts have been willing to strike down vagrancy ordinances which are nearly as vague and do not give adequate warning. California Penal Code § 415 which is similar to the Model Penal Code reiteration above actually concerns disturbing the peace. However, in California disorderly conduct lists what acts constitute disorderly conduct.
Articles 23 to 29 of the Law of the People’s Republic of China on Penalties for Administration of Public Security, adopted and promulgated on 28 August 2005 and effective as of 1 March 2006, administratively penalize non-criminal disorderly conducts in Mainland China.
Taiwan
Criminal law
Effective on 1 July 1935, Articles 149 to 160 of the Criminal Code of the Republic of China criminalize many kinds of disorderly conducts in the jurisdiction of the Republic of China, which has shifted to Taiwan since 1949.
Administrative law
Promulgated on 29 June 1991, Articles 63 to 79 of the Social Order Maintenance Act administratively penalize non-criminal disorderly conducts in Taiwan.
