[ARCHIVED THREAD] - Disorderly Conduct (Page 1 of 2)
Posted: 6/25/2008 8:19:55 AM EDT
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Within the last couple of days there was a thread about a group of gun owners who exercised their 2nd Amd. rights and went to a restaurant while open carrying. I don't want to rehash that entire thread but I have a question for any leos or lawyers out there about the charges to one man. Because he refused to follow or questioned the officer about his command he was charged with disorderly conduct WTF. Just what is disorderly conduct and can it be used against someone who is refusing to follow an illegal command by a police officer. From the officers written report of the incident I didn't see anything that I would consider disorderly conduct. BTW I believe they dropped all of the charges against him except the disorderly conduct charge. |
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Laws are different in different states. In Texas, years ago, disorderly conduct was defined as "Conduct which, by its very commission, tends to incite a breach of the peace". If a police officer tells you to do something, the best course of action is to do it and then get a lawyer and take it to court. A police officer is not going to debate the law with you at the scene, as that is not his job. Argue in court, not at the scene. |
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Here is the State of Florida SA's charge book statute 8770A - 877.03 DISORDERLY CONDUCT did unlawfully commit such acts as are of a nature to corrupt the public morals or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engaged in brawling or fighting, or engaged in conduct constituting a breach of the peace or disorderly conduct, contrary to Florida Statute 877.03. (2 DEG MISD) |
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This will vary by state. In the great state of Florida.... 
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Don't know specifically the case you mention but maybe this will help. First, open carry is illegal in Florida. Second, perhaps the officers asked the men about this and one got mouthy and threw out some curse words. Depending on the circumstances charges could include disorderly conduct upon a licensed establishment, resisting without violence(obstruction), failure to obey a lawful command of police/firefighter FSS 322.???, and of course the open carry. |
So the definition includes the word? Wow, that is straightforward! I sure hope the Florida Statute 877.03. (2 DEG MISD) clears that up! |
I believe the incident happened in Virginia which allows open carry. He was not charged for the open carry only disorderly conduct. edit for spelling 
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This the thread? www.pafoa.org/forum/concealed-open-carry-121/21292-pa-patriot-arrested-oc-dinner-old-country-buffet-dickson-city-5-9-a.html I was curious to see where in this thread, if indeed it was the thread, does it say he was being charged. I wanted to read up on that without having to go through all 206 pages.. :) |
No thats not the thread. It was in ARFCOM GD, and was about an incident in virginia. You need to read the arresting officers written report and the follow-up news story. |
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DC is one of those POAC (Pissing Off A Cop) charges IMO... sometimes it's completely warranted, but I've seen it applied a little too liberally, a little too often for me to like it... I've SEEN a cop tell a drunk person to get out of the passenger seat of a car, and was then charge with Public Intox. I was sober, and I was driving this person home. They officer saw us pull out of the bar, and pulled us over for "Failure to come to a complete stop at a stop sign." Of course I wasn't cited, and of course I stopped completely. Why wouldn't I, I saw the cop behind me. Once he realized that I hadn't been drinking, he turned his attention to my friend. So I know there is at least one asshole bending the rules on our local PD... but sometimes one is all it takes. |
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The only recent one, was the one concerning the PA Open Carry event at a restaurant involving multiple open carry individuals (the link that I provided is that one). The involved open carry guy was arrested for Disorderly Conduct for refusing to show his ID to the police officers (which was within his right to do since he wasn't breaking a law). The police took his weapon, which he has gotten back now; and now 4 out of the 12 have filed a federal lawsuit against the 2 officers involved, the Chief of Police, and the City involved. Complaint Here. The Thread I think you are talking about is this one. |
And so by just questioning an officer about his command you are charged with disorderly conduct. I believe this is the first time I have disagreed with your position on any thread here at ARFCOM. |
Well, let's not ruin a perfect record.  I didn't say "so by just questioning an officer about his command you are charged with disorderly conduct." You said that. I said not to "argue" with an officer. If you have a question and he is willing to answer it, all well and good. But once he has told you to do something, the time to "argue" is over. He is not supposed to argue the law with folks on the side of the road. He is supposed to make a legal decision on the side of the road, and he (and you) are to do all the arguing in court. Police officers are not always right, but they are not required to argue cases on the side of the road. We all do that in court. If you think he has made a mistake, get a lawyer and argue in court.  |
I'm sure Dis con varies by state but-arguing with a cop on the side of a deserted highway is arguably not dis con because you are not alarming the public. Saying "Why no sir, I was not using my cel phone, you are mistaken" when you are pulled over on Main Street is not Dis Con. Jumping out of the car and saying "Look M-r F-r I wasn't on my cel phone and I'll stick that goofy hat up your ass if you don't beat feet" while the 3rd graders from St Patrick's cross the street to go from the school to afternoon mass is probably Dis Con. I've seen quite a few Dis Cons that were bullshit, but around here it's 99% of the time a fine only and you don't get a jury trial so it's often not worth fighting over it. edit it's always dumb to argue with cops. In my county there are maybe 2 to 4 cops out of I have no idea how many (75? I'm guessing maybe more) who will just haul off an paste you for no reason. Take the ticket, fight it in court, file a personal complaint and sue him in federal court if you want. There's no winning on the side of the road. Even our 400 pound bicycle cop is just going to radio for help if she doesn't have a stroke and get you charged for killing her. edit2-I told a cop at the airport that it was none of her business why I was flying with a gun and she radioed for back up. 
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Section 13A-11-7 Disorderly conduct. (a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) Engages in fighting or in violent tumultuous or threatening behavior; or (2) Makes unreasonable noise; or (3) In a public place uses abusive or obscene language or makes an obscene gesture; or (4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or (5) Obstructs vehicular or pedestrian traffic, or a transportation facility; or (6) Congregates with other person in a public place and refuses to comply with a lawful order of the police to disperse. (b) Disorderly conduct is a Class C misdemeanor. (Acts 1977, No. 607, p. 812, §5525.) |
Public Morals in the state of Florida |
You would have to read the case law though, I expect some of that would not survive a constitutional challenge, mainly (3) er I don't know about 4 either. |
3 still get's you for cussing in public. 4 I've never seen actually used. |
come on aimless give us the rest of the story.......because we all know you can not bring fire on a plane..... |
I don't think that is the one either, I will search more tonight when I get home from work. |
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Disorderly conduct in my experience generally means contempt of cop. Here is the Utah statute:
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I can assure you that back up came Actually not much happened, lots of goofy threats that they (local police) were calling the ATF to come and take my guns, "things are different because of 9-11." How do I know you aren't going to go shoot up Virginia (where I was flying for a carbine class), You don't have a VA pistol permit, you can't take a pistol there. They did threaten to try to revoke my NY pistol permit, and I heard them calling up to the county where I live but it was after 5pm so no one was in the pistol permit office. I was left completely unwatched in the police station inside the airport with my AR and a glock so obviously they weren't really concerned about me being dangerous, for all they knew I had a belt full of mags under my coat. They were just busting my balls to back up Officer Sarah Brady. Anyway they knew the flight I was on so just as I was about to miss it Officer Large Back Up Guy came out said "Follow me" and walked me and the guns back to tsa and walked away without saying another word. I considered just picking up my stuff and walking out and driving there. I did half expect them to file a complaint to try to revoke my pistol permit, but nothing ever happened. On the way back in Virginia some guy (I forget whether it was TSA or some baggage handler guy) saw the AR and pistol and said "Whoa! You some instructor guy?" I said "Um yup!" He smiled, I smiled and I made my flight on time. Oh the NY cop initially asked "Are you on the job?" when I said no she asked "Why are you traveling with these firearms" and things went down hill from there Next time I'll just say I'm going duck hunting or something. Standing on principle is time consuming.
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Translation The Officer gets his way because he has a badge and is a better than you even if he is wrong . |
Man! Don't ever apply for a job as a translator, blackascoal, because you will starve to death.  |
I guess I understand what "standing on principle" means, but I would pick a more important hill to die on. Seems like telling her, "I'm going to a training class", would have only taken 3 seconds and saved you a lot of trouble.  |
| In Illinois, disorderly conduct can be a number of things. Calling in a false alarm of a fire, gas leak, bomb threat, etc. Peeping Tom. Filing a false report of child abuse. The one that gets most people, though, is the "does any act in such an unreasonable manner as to alarm and disturb another and provoke a breach of the peace." |
OK, that's it! I'm hereby charging you with disorderly conduct. Wanna get uppity and go for count #2? There will be order in this thread or I'll start citing every damn one of you!!! Sorry I cursed, I'm writing myself up for DC even as I type this.  Had an altercation w/ my Mom when I was growing up and she called the SO on me. They spoke to me on the phone and I was instructed to await their arrival. I can't recall if they were coming to cite me for DC or if disobeying them by not awaiting they're arrival would be grounds for DC. (It happened a long time ago) I called my father and told him about the DC and he asked, "What the fuck is disorderly conduct?". I told him, "I think it's what you just said". As I didn't hang around- I never *really* got to understand what DC was all about. Sly |
Words to live by! |
I don't think being forced to tell the police why I am traveling with a firearm is an unimportant hill and I wasn't exactly at risk of dying. I'm porky, but I'm not stupid. I knew they were full of shit and trying to bully me "We're gonna call the ATF and they're going to come here and take your guns away"  If they had made me miss my plane I would have hopped back in the car and driven down there, I'd rather be out the airfare and have to drive 13 hours than to knuckle under. Actually, I have to take that back, I do think I thought about that. I was considering just lying and saying I was hog hunting at one point, but then I figured eh fuck it, I'll drive-but the one guy came out and took me to the plane while I was thinking about it. |
| In Texas getting a Disorderly Conduct ticket will get your Concealed Handgun License taken away for 5 years. Which sucks, because I got a DOC "loud party" ticket in college because someone complained about the music in our back yard. I had to wait 5 years to get my CHL. |
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Ohio: 2917.11 Disorderly conduct. (A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following: (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior; (2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person; (3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response; (4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender; (5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender. (B) No person, while voluntarily intoxicated, shall do either of the following: (1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others; (2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another. (C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section. (D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section. (E)(1) Whoever violates this section is guilty of disorderly conduct. (2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor. (3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies: (a) The offender persists in disorderly conduct after reasonable warning or request to desist. (b) The offense is committed in the vicinity of a school or in a school safety zone. (c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind. (d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility. |
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CA has a more expanded and clarified definition which includes a variety of sexual misconducts and has separate Disturbing the Peace, Rioting, Routing, Lynching, Brandishing, Avalanches, Disaster areas, etc Sections, takes the vagaries out. Some states combine the offenses (In /ca it is almost impossible to disturb the peasce of an LEO by swearing, etc) Disorderly Conduct (trimmed for brevity) 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. trimmed As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration. (c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms. (d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act. (e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. (f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or trimmed interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. trimmed (h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. trimmed (i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant. (j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, or camcorder, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. Ttrimmed (2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments trimmed intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. (3) (A) Any person who uses a ctrimmed , another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. (trimmed trimmed 647.6. (a) (1) Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (2) Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age, which conduct, if directed toward a child under 18 years of age,trimmed (b) Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year, and by a fine not exceeding five thousand dollars ($5,000). trimmed trimmed 647a. (a) Any peace officer, as defined in subdivision (a) of Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any person, as quickly as is feasible, to the nearest homeless shelter, or any runaway youth or youth in crisis to the nearest runaway shelter, if the officer inquires whether the person desires the transportation, and the person does not object to the transportation. Any officer exercising due care and precaution shall not be liable for any damages or injury incurred during transportation. (b) Notwithstanding any other provision of law, this section shall become operative in a county only if the board of supervisors adopts the provisions of this section by ordinance. The ordinance shall include a provision requiring peace officers to determine the availability of space at the nearest homeless or runaway shelter prior to transporting any person. 647b. Every person who loiters about any school in which adults are in attendance at courses established pursuant to Chapter 10 (commencing with Section 52500) of Part 28 of the Education Code, and who annoys or molests any person in attendance therein shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment. 647c. Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor. Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public. trimmed 647e. (a) A city, county, or city and county may by local ordinance provide that no person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of such an ordinance shall be guilty of an infraction. (b) As used in subdivision (a), "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subdivision (a) are applicable. Any local ordinance adopted pursuant to this section shall require posting of the premises. (c) The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. Nothing in this section shall affect the power of a county or a city, or city and county, to regulate the possession of an opened alcoholic beverage in any public place or in a place open to the public. Disturbing The Peace, fighting, rioting, routing, Lynching,etc and the ever popular on ARFCOM sections dealing with disaster (etc) areas 403. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. 404. (a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot. (b) As used in this section, disturbing the public peace may occur in any place of confinement. trimmed 404.6. (a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot. trimmed 405. Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. 405a. The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching. 405b. Every person who participates in any lynching is punishable by imprisonment in the state prison for two, three or four years. 406. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. 408. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. 409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.(This is "Reading the Riot Act" in the old days, hence the term.) 409.3. Whenever law enforcement officers and emergency medical technicians are at the scene of an accident, management of the scene of the accident shall be vested in the appropriate law enforcement agency, whose representative shall consult with representatives of other response agencies at the scene to ensure that all appropriate resources are properly utilized. However, authority for patient care management at the scene of an accident shall be determined in accordance with Section 1798.6 of the Health and Safety Code. For purposes of this section, "management of the scene of an accident" means the coordination of operations which occur at the location of an accident. 409.5. (a) Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshal's office or sheriff's office, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, any officer or employee of the Department of Fish and Game designated a peace officer under subdivision (e) of Section 830.2, and any publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of his or her official duties, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section. (b) Officers of the Department of the California Highway Patrol, police departments, marshal's office or sheriff's office, officers of the Department of Fish and Game designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near to the actual calamity or riot or other civil disturbance. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. 409.6. (a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, and any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by that officer to enter or remain within the closed area. If an avalanche creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions which are set forth above in this section. (b) Officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating hazardous conditions created by an avalanche to any and all unauthorized persons pursuant to the conditions which are set forth in this section whether or not that field command post or other command post is located near the avalanche. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within that area, or any unauthorized person who willfully remains within an area closed pursuant to subdivision (a) or (b), after receiving notice to evacuate or leave from a peace officer named in subdivision (a) or (b), shall be guilty of a misdemeanor. If necessary, a peace officer named in subdivision (a) or (b) may use reasonable force to remove from the closed area any unauthorized person who willfully remains within that area after receiving notice to evacuate or leave. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. 410. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. 412. Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, taking or to take place either within or without this state, trimmed 413. Every person wilfully present as spectator at any fight or contention prohibited in the preceding section, is guilty of a misdemeanor. trimmed 415. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction. 415.5. (a) Any person who (1) unlawfully fights within any building or upon the grounds of any school, community college, university, or state university or challenges another person within any building or upon the grounds to fight, or (2) maliciously and willfully disturbs another person within any of these buildings or upon the grounds by loud and unreasonable noise, or (3) uses offensive words within any of these buildings or upon the grounds which are inherently likely to provoke an immediate violent reaction is guilty trimmed 416. (a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor. (b) Any person who, as a result of violating subdivision (a), personally causes damage to real or personal property, which is either publicly or privately owned, shall make restitution for the damage he or she caused, including, but not limited to, the costs of cleaning up, repairing, replacing, or restoring the property. trimmed 417. (a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days. (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: trimmed (trimmeda county jail for not less than three months, nor more than one year. (c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, and who knows, or reasonably should know, by the officer's uniformed appearance or other action of identification by the officer, that he or she is a peace officer engaged in the performance of his or her duties, and that peace officer is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for not less than nine months and not to exceed one year, or in the state prison. (d) Except where a different penalty applies, every person who violates this section when the other person is in the process of cleaning up graffiti or vandalism is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than three months nor more than one year. (e) As used in this section, "peace officer" means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (f) As used in this section, "public place" means any of the following: (1) A public place in an incorporated city. (2) A public street in an incorporated city. (3) A public street in an unincorporated area. |
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Cher Harassed at Honkytonk in Nashville Wednesday, June 25, 2008 E-Mail Print Share: AP Cher NASHVILLE, Tenn. — A Nashville man was charged with disorderly conduct and public intoxication after he repeatedly harassed entertainer Cher at the famed honkytonk Tootsies Orchid Lounge. Police say 36-year-old Calvin Hutton Houghland tried to make contact with Cher at the club early Wednesday morning and was asked to leave. The report says Houghland complied but returned a short time later and grabbed Cher by the waist as she sat in a roped-off area. Houghland was escorted from the bar, but he returned again and approached Cher in an aggressive manner. When security blocked his advances, he called police to say he had been assaulted. Police said Cher declined to prosecute the man for assault for grabbing her, but police said he asked to be arrested. Houghland said he had been drinking and failed a self-requested field sobriety test. His bond was set at $3,000. |