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

In Colorado, the crime of disorderly conduct is defined as behavior such as breaching the peace, causing a disturbance or fighting in public, or discharging a firearm.

The offense can be prosecuted as

• a misdemeanor or
• a petty offense charge.

In this article, we will quote the full text of the code section, and then provide legal analysis below. The language of CRS 18-9-106 states that:

(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or

(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)

(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or

(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or

(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or

(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.

(2) Repealed.

(3) (a) An offense pursuant to subsection (1)(a) or (1)(c) of this section is a petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.

(b) An offense pursuant to subsection (1)(d) of this section is a petty offense.

(c) An offense pursuant to subsection (1)(f) of this section is a class 2 misdemeanor.

(d) An offense pursuant to subsection (1)(e) of this section is a class 1 misdemeanor.

Below, our Denver Colorado criminal defense lawyers will discuss:

• 1. How does Colorado law define “Disorderly Conduct”?
• 2. What are the penalties?
• 3. Are there any defenses I can raise?
• 4. Related offenses

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.

1. How does Colorado law define “Disorderly Conduct”?

Disorderly conduct is addressed in the Colorado Revised Statutes, section 18-9-106. In order to commit this offense, you must “intentionally, knowingly, or recklessly” do any of the following:

• Make a coarse and obviously offensive utterance, gesture, or display in a public place that . . . tends to incite an immediate breach of the peace
• Make unreasonable noise in a public place or near a private residence that he/she has no right to occupy
• Fight with another in a public place except in an amateur or professional contest of athletic skill
• Discharge a firearm in a public place
• Discharge a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States (and the defendant is not a peace officer)
• Display a real or simulated firearm, display any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represent verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.¹

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

2. What are the penalties?

Under Colorado law, the penalty / punishment / jail time that you can face if you are convicted of breach of public peace varies depending on the conduct that led to the conviction.

If you are charged with a Petty Offense in Colorado, you can be punished² by:

• A fine of up to $300, and/or
• Up to 10 days in jail

If you get charged with a Class 2 misdemeanor in Colorado³, the penalty for this criminal offense includes:

• A fine of up to $750, and/or
• Up to 120 days in jail

If you are charged with a Class 1 misdemeanor in Colorado⁴, the penalty may include:

• A fine of up to $1,000, and/or
• A jail sentence of up to 364 days

3. Are there any defenses I can raise?

Yes, four possible defenses to Colorado disorderly conduct charges are:

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; or
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).

4. Related offenses

Three Colorado crimes that are frequently charged along with disorderly conduct (depending on the case) include:

1. harassment (CRS 18-9-111) – intentionally bothering someone through repeated contact, taunting, or following in public
2. menacing (CRS 18-3-206) – using threats to place others in fear of serious injury or death
3. trespass – unlawfully going on – or remaining on – another person’s property

Legal References