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

Colorado law defines the crime of disorderly conduct 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.

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(2) Repealed.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.

In this article, 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?

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 an individual 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 this statute 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 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 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 up to $1,000, and/or
• A jail sentence of up to 364 days

3. Are there any defenses I can raise?

Yes, there may be a defense available to Colorado disorderly conduct charges depending on the facts and circumstances of your case.

For example, if you were arrested and are facing criminal charges of disorderly conduct while protesting, you may be able to raise a defense that you were exercising your First Amendment rights.

Alternately, maybe the police officer overreacted to the situation and arrested you on false grounds. If there were large crowds, law enforcement may have mistakenly arrested you, mistaking you for the real culprit. And if you resisted, you may be facing resisting arrest charges as well.

Another instance where you may be able to raise a valid defense is if you were defending yourself and were subsequently arrested for fighting. If you were only in the fight to begin with so as to defend yourself from harm, you can claim your actions were justified under Colorado’s self-defense laws.

For Additional Help…

Call us for help

If you have been charged or someone you know has been charged, contact our law firm today for legal advice. We invite you to call our Colorado criminal defense attorneys or fill out the contact form. We can meet at our law office or speak over the phone.

Our office is based in Denver, but we serve clients throughout the states, including Colorado Springs and Fort Collins.

Arrested in Nevada? See our article on Nevada’s breach of peace laws.

Arrested in California? See our article on California disturbing the peace laws and California disorderly conduct laws.

Legal References