Disorderly Conduct

Disorderly Conduct is defined quite broadly under Texas law. It is found under §42.01 of the Texas Penal Code. Many variants of disorderly conduct are Class “C” misdemeanors not punishable by jail time and a fine only up to $500, but more serious variants can be “Class B” misdemeanors punishable by up to 180 days in jail and a fine not to exceed $2,000. For Class “B” misdemeanors, the accused may be assessed a period of probation or deferred adjudication. 

If you’re charged with Disorderly Conduct in Texas, begin working with a dedicated defense attorney to prepare your defense, and tell your side of the story. 

Under Texas law, a person commits disorderly conduct if they intentionally or knowingly:

-use 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. This type of disorderly conduct is a Class “C” misdemeanor; 

-make an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace. This type of disorderly conduct is a Class “C” misdemeanor; 

-create, by chemical means, a noxious and unreasonable odor in a public place. This type of disorderly conduct is a Class “C” misdemeanor; 

-abuse or threaten a person in a public place in an obviously offensive manner. Note that there is a defense available to this portion of the statute if the accused citizen had significant provocation for his abusive or threatening conduct. This type of disorderly conduct is a Class “C” misdemeanor; 

-make unreasonable noise in a public place other than a sport shooting range, or in or near a private residence that the accused citizen has no right to occupy. Note that 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. This type of disorderly conduct is a Class “C” misdemeanor; 

-fight with another in a public place. It is noteworthy that this portion of the law does not take into account who started the fight. Every involved individual may be charged as equally responsible. This type of disorderly conduct is a Class “C” misdemeanor; 

-discharge a firearm in a public place other than a public road or a sport shooting range. This type of disorderly conduct is a more consequential Class “B” misdemeanor; 

-display a firearm or other deadly weapon in a public place in a manner calculated to alarm. This type of disorderly conduct is another variety of a more consequential Class “B” misdemeanor; 

-discharge a firearm on or across a public road. This type of disorderly conduct is a Class “C” misdemeanor; 

-expose their anus or genitals in a public place and the accused citizen is reckless about whether another may be present who will be offended or alarmed by his act. This type of disorderly conduct includes using the restroom in public, and is a Class “C” misdemeanor; 

-for a lewd or unlawful purpose, the accused citizen enters onto the property of another and looks into a dwelling on the property through any window or other opening in the dwelling, or while on the premises of a hotel or comparable establishment, the accused looks into a guest room that is not the person’s own through a window or other opening in the room, or while on the premises of a public place, the accused citizen 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. This type of disorderly conduct is a Class “C” misdemeanor. 

Rural areas in East Texas are teeming with wildlife and some animals can be dangerous. Texas lawmakers embedded a defense in the disorderly conduct statute that protects someone who was discharging a firearm against dangerous wildlife. The defense applies if an accused citizen had a reasonable fear of bodily injury to their person or to another by a dangerous wild animal.