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Home » Consumer Information » Crime

Disturbing the Peace

Disturbing the Peace is a minor offense that involves the basic disruption of the peacefulness and "proper order" in a public area. This is usually done with willful intent and a reckless disregard for public safety. Crimes that are defined as disturbing the peace are listed as misdemeanors.

Misdemeanor

A misdemeanor is a minor crime that will be tried in lower court of justice. It will never carry a prison sentence that is more than one year. Most often, however, these crimes will only result in a fine being charged to the offender. Misdemeanors are judged upon the severity of the crime committed, so most cases of Disturbing the Peace would only warrant small penalties.

Excessive Noise

A common form of disturbance of the peace is Excessive Noise. This is defined as an ongoing level of noise that is either excessive or unreasonable that will disturb, annoy or offend another person who resides in the area where the noise is being made. Anyone who were to play music, operate machinery or turn up a television set to an unusually high audio level for an extended period of time will be guilty of creating Excessive Noise. In most cases, a person who does this will be given a warning to cease and desist, and will suffer no further interference or punishment assuming they comply.

Groups that get together and are abnormally loud to the point of disturbing others who dwell in nearby homes or apartments also qualify under this category. The most common example of this is a loud party in a residential neighborhood. A complaint about the high level of noise produced by such a party may result in a police officer going to the location where the party is happening and insisting the participants tone down the noise, or breaking up the party completely.

Disorderly Conduct

This crime term has a somewhat wide definition that can be open to interpretation by police officers. The behavior involved is generally not seriously detrimental to the well being of others, although it may pose a nuisance and general disturbance to others, and possibly even lead to threats of physical harm. It is often referred to as a "catch-all" category of crime, because an officer may use their own discretion regarding what qualifies as unruly or disorderly conduct.

There are some basic types of behavior that are generally thought of as Disorderly Conduct. They include:

  • A person or people who fight in a public area, or who bring about the threat of fighting.
  • Anyone who is purposefully disruptive of an otherwise peaceful public assembly.
  • One who solicits money while in a public place.
  • Being drunk and unruly in a public area.
  • Any group that participates in an unlawful assembly.

Loitering

Individuals who are found spending excessive time on the premises of another person's property without having any particular business there are loitering. Generally speaking, a person who is found loitering is considered to be doing so for the purpose of planning or committing some form of a crime.

Loitering also includes lingering aimlessly on the grounds of any business, within any building, or close to any other person's private vehicle.

These crimes may be minor, but they are disruptive of a generally peaceful society, and therefore are punishable by law.