Definition of Disorderly Conduct - Texas Penal Code
§ 42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or
(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
Please clarify this statement: "...a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance." What procedure is utilized to confirm that the noise level exceeded 85, specifically as it relates to a vehicle's radio? Is this presumption made pre or post rendering of a citation?
Could you clarify what constitutes breach of peace? Does it mean causing a loud ruccuss, that draws attention? If the profanity isn't loud, but directed at a peace officer due to them inciting a situation, in order to find reason to arrest, is this disorderly conduct? The verbal confrontation isn't drawing attention from the public.
I have a 16 yr old that got a disorderly conduct at school. I need to know if an officer has to witness the offense or can it be given just through witness testimony?
Would a person that lives in an apartment complex be in violation of 42.01 if he stands outside of his residence in a common area and usese vulgar language that can be heard by other tennants in their apartments.
is it disorderly conduct if a person is told to leave the area and as he or she is walking away tells another person this is the public. i was arrested and up on my arrest the police officers pretended i was trying to resist them, actually i never turned my to face them or put up any struggle. they continued to choke and kick me, choking me until i passed out. Do this violate any of my rights.
a car on the road saw me flash my friends in our own vehicle and called the police upon which i was arrested and issued a ticket for disorderly conduct while my car was illegally searched? i was arrested because someone else gave a witness testimony though there is no proof of the incident at all....how do i get out of this?
Incident: (a) Cusomer in Resturant speaking to clerk.(a) Manager does not like the conversation.(b) Slyly calls away clerk.(c) Customer tells clerk ," now you see why you need to go to college to avoid having her as your boss!"
(d) manager comes to customer and refuses service. Customer ask why ? Manager said ,"you said bad thing about me !" Customer asks manager to explain what is bad about telling clerk to get a college education so that she does not have to be working here with you as her boss?
She could not say but ask customer to leave.Customer says this is America and we do have rights here ...Manager says," well I am a Mexican and I am the boss here!"
Customer says then Mexican ," why are you in America if you do not like our rights ? Go back to mexico then!"
She tells customer to leave.Customer leaves she calls police and police says ," referring to the Mexican manager as a " Mexican" is offensive to her therefore it is disorderly conduct.
What is the defence here?
Incident: (a) Customer in Resturant speaking to clerk.(a) Manager does not like the conversation.(b) Slyly calls away clerk.(c) Customer tells clerk ," now you see why you need to go to college to avoid having her as your boss!"
(d) manager comes to customer and refuses service. Customer ask why ? Manager said ,"you said bad thing about me !" Customer asks manager to explain what is bad about telling clerk to get a college education so that she does not have to be working here with you as her boss?
She could not say but ask customer to leave.Customer says this is America and we do have rights here ...Manager says," well I am a Mexican and I am the boss here!"
Customer says then Mexican ," why are you in America if you do not like our rights ? Go back to mexico then!"
She tells customer to leave.Customer leaves she calls police and police says ," referring to the Mexican manager as a " Mexican" is offensive to her therefore it is disorderly conduct.
What is the defence here?