Disorderly Conduct – Colorado Law & Penalty – CRS § 18-9-106

Colorado Revised Statute § 18-9-106 prohibits disorderly conduct, a broad crime which comprises breaching the peace, causing a public disturbance, or discharging a firearm in public. It is prosecuted as either a misdemeanor or petty offense depending on the circumstances.

Examples of disorderly conduct include:

• Having a shouting match in a public place using vile slurs.
• Making a gun shape with your hand in your pocket in order to scare an opposing fan at a football game, and that person gets scared.
• Getting in a punching match with a fellow patron at a bar.

Below, our Denver criminal defense lawyers will discuss the following issues regarding Colorado disorderly conduct laws:

• 1. Elements of CRS 18-9-106
• 2. Penalties
• 3. Defenses
• 4. Related Crimes
• Frequently Asked Questions
• Additional Reading

1. Elements of CRS 18-9-106

For you to be convicted of disorderly conduct in Colorado, prosecutors have to prove beyond a reasonable doubt that you intentionally, knowingly, or recklessly committed one of the following five actions:

1. Made a coarse and clearly offensive utterance, gesture, or display in public that tends to incite an immediate breach of the peace;
2. Made unreasonable noise in a public place or near a private residence where you had no right to be;
3. Fought with another in public (except in an amateur or professional contest of athletic skill);
4. Fired a gun in public (except during lawful target practice, hunting, or the ritual discharge of blank ammunition cartridges at a funeral for a veteran); or
5. Showed or conveyed that you have a gun in public in a way calculated to alarm and did alarm another person.¹

The most common disorderly cases we see involve drunk brawling (“bar fights”) or playing music too loudly.

A violation of CRS 18-9-106 can result in a fine and/or jail time.

2. Penalties

Colorado’s punishments for disorderly conduct turn on the specific allegations.

Fighting with another in a public place is a petty offense, carrying up to 10 days in jail and/or $300.

Displaying or representing that you have a firearm in a public place in a way meant to cause alarm – and does cause alarm – is a class 2 misdemeanor. This carries up to 120 days in jail and/or $750.

Firing a gun in a public place is a class 1 misdemeanor, carrying up to 364 days in jail and/or $1,000.

Making an inciting remark or gesture in public – or being unreasonably noisy – is usually a petty offense, carrying up to 10 days in jail and/or $300. However, this form of disorderly conduct becomes a class 2 misdemeanor if the intent was to:

• Disrupt, impair, or interfere with a funeral, or
• Cause severe emotional distress to a person attending a funeral.

Class 2 misdemeanors carry up to 120 days in jail and/or $750.

Other names for “disorderly conduct” include “disturbing the peace” and “breaching the peace.”

3. Defenses

Here at Colorado Legal Defense Group, our attorneys have successfully handled hundreds of disorderly conduct cases. In our experience, the following four defenses have proven very effective with judged and prosecutors at getting CRS 18-9-106 charges reduced or dismissed.

1. You were exercising your First Amendment rights.
2. The police officer overreacted to the situation and arrested you on false grounds.
3. You were acting in lawful self-defense.
4. You were a victim of mistaken identity, and the police arrested you thinking you were the real culprit (which can happen in large crowds).

Typical evidence we rely on in these cases includes surveillance video and eyewitness accounts.

Discharging a gun in public is a form of disorderly conduct and potentially assault.

4. Related Crimes

• Assault – causing physical harm to another person, such as kicking, pushing, or throwing objects at them.
• Harassment – intentionally bothering someone through repeated contact, taunting, or following in public.
• Menacing – using threats to place others in fear of serious injury or death.
• Stalking – harassing someone in a way that involves both a credible threat and repeated behavior that reasonably causes the victim to be fearful or to suffer serious emotional distress.
• Trespass – unlawfully going on – or remaining on – another person’s property.

Making unreasonable noise in a public place or near a private residence that one has no right to occupy is an example of disorderly conduct in Colorado.

Frequently Asked Questions

What’s the difference between a petty offense and a misdemeanor for disorderly conduct?

A petty offense carries up to 10 days in jail and/or $300 in fines, while misdemeanors are more serious. Class 2 misdemeanors carry up to 120 days in jail and/or $750, and class 1 misdemeanors carry up to 364 days in jail and/or $1,000. The penalty depends on what type of disorderly conduct you’re charged with.

Can I be charged with disorderly conduct for arguing with someone in public?

Yes, if you make coarse and clearly offensive utterances, gestures, or displays in public that tend to incite an immediate breach of the peace. However, you may have First Amendment protections depending on the circumstances. A shouting match using vile slurs in public is one example given in the law.

What happens if I am falsely accused of disorderly conduct?

Common defenses include proving you were exercising First Amendment rights, showing the police overreacted, demonstrating you acted in self-defense, or proving mistaken identity. Evidence like surveillance video and eyewitness accounts can help support your case.

Is playing loud music considered disorderly conduct in Colorado?

Yes, making unreasonable noise in a public place or near a private residence where you have no right to be is disorderly conduct under Colorado law. This is typically charged as a petty offense with up to 10 days in jail and/or $300 in fines.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• The Fighting Words Doctrine – Columbia Law Review.
• Fighting the Fighting Words Standard: A Call for Its Destruction – Rutgers Law Review.
• Disturbing the Peace – Central Law Journal.
• Civil Disturbances, Mass Processing and Misdemeanants: Rights, Remedies and Realities – The Journal of Criminal Law, Criminology, and Police Science.
• Disorderly Conduct Statutes in our Changing Society – William & Mary Law Review.

Legal References