What Exactly is Disorderly Conduct?

What EXACTLY is disorderly conduct? What type of behavior can lead to a person being charged with the crime of being “disorderly?”  I could give you a boring definition that disorderly conduct is a broad term describing conduct that disturbs the peace or endangers the morals, health, or safety of a community. Let’s instead analyze this topic by taking an example out of the pages of  US Weekly, and People magazine. 

Reese Witherspoon, the Oscar-winning actress and her husband, Hollywood agent Jim Toth, were recently pulled over because an officer noticed that their car wasn’t staying in its lane.  The officer noticed that Toth had droopy eyelids, watery, bloodshot eyes, and his breath smelled strongly of alcohol. So he did what any officer would do: a sobriety test.

According to reports, Witherspoon called out to the officer: “Do you know my name? You’re about to find out who I am and you’re about to be on national news.”  She was told to get back in the car.  She initially complied with the officer’s request. After the “Walk the Line” test, Witherspoon got out of the vehicle a second time.  The trooper said that he warned her that she would be arrested if she left the car again. As the test continued, Witherspoon began to hang out of the window and say that she did not believe that he was a real police officer.

Toth was then placed under arrest.  He was charged with driving under the influence and failure to maintain the lane.

The reports said that at that point, Witherspoon got out and asked the trooper what was going on. After being told to return to the car, she “stated that she was a ‘US Citizen’ and that she was allowed to ‘stand on American ground.”

The trooper then began to arrest Witherspoon. The report says Witherspoon was resistant at first but was calmed down by her husband.  Toth and Witherspoon were then taken to jail and Witherspoon was charged with disorderly conduct. 

The elements of disorderly conduct vary from one jurisdiction to another. This is often a “go-to” charge when police are unsure what to do with a person they want to charge.  Most statutes specify the misconduct that constitutes the offense. Acts such as the use of vulgar and obscene language in a public place can be considered disorderly conduct. Here are a few more examples: a person who recklessly, knowingly or intentionally engages in fighting; a person who makes unreasonable noise and continues to do so even after being asked to stop; or a person who disrupts a lawful assembly of persons.  The list goes on and on…

While it may seem like a minor offense, an individual charged with disorderly conduct can face probation, fines, drug/alcohol testing, community service, and even JAIL.

If you have been accused of or charged with disorderly conduct, you should contact an experienced criminal defense attorney immediately!!