![]() But if you do something on purpose, you don't necessarily have to intend to cause a disturbance to be guilty: Often, all you have to do is intend to commit the forbidden act.īut for some types of acts, the prosecutor has to show that you have a certain mindset when you committed them. You can't breach the peace by doing something accidentally. Intending the Act (and Sometimes, the Result). Penal Code § 415 (2022).) Many states include several other types of conduct in their disturbing the peace statutes. ![]() For example, California's statute on disturbing the peace makes it a crime to (1) unlawfully fight or challenge someone to fight in a public place, (2) maliciously and willfully disturb someone with loud and unreasonable noise, or (3) use offensive words that are likely to provoke violence. Most statutes list out the types of acts that are prohibited. In a nutshell, disturbing the peace is any prohibited act that could disrupt the public order or disturb the peace of the community, coupled with an intent to do that act. What is Disturbing the Peace (or Breach of Peace)? Though the language of disturbing the peace laws differs from state to state and even city to city within a state, these laws exist everywhere and punish the same types of activity. Most disturbing the peace offenses are misdemeanors, though some may be felonies or even infractions (see below). Disturbing the peace laws are very broad, covering a wide range of activity, and because of this, they're one of the more commonly charged crimes. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.ĭisturbing the peace, also known as a breach of the peace, disorderly conduct, or by similar terms, occurs whenever someone acts in a way that disrupts the public order or disturbs the peace and tranquility of the community. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. You should not send any sensitive or confidential information through this site. Your number will be held in accordance with our Privacy Policy. You will receive up to 2 messages per week from Martindale-Nolo. ![]() Attorneys have the option, but are not required, to send text messages to you. You are not required to provide consent as a condition of service. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. ![]() Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. ![]()
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