In Nevada, disorderly conduct is a catch-all offense that includes
- excessively loud or
- disruptive behavior or fighting in public.
This is a misdemeanor punishable by up to $1,000 in fines and/or up to six months in jail. Though courts are often willing to dismiss the case in exchange for a fine.
Clark County Code 12.33.010 states that:
It is unlawful for any person to engage in any of the following acts of disorderly conduct:
(a) Participate in a fight;
(b) Challenge another person to fight;
(c) Commit a breach of the peace;
(d) Incite a disturbance;
(e) Interfere with, annoy, accost or harass any other person which conduct by its nature would tend to incite a disturbance.
In this article, our Las Vegas criminal defense attorneys will address the following issues regarding Nevada disorderly conduct laws:
- 1. Elements
- 2. Penalties
- 3. Plea Bargains
- 4. Defenses
- 5. Immigration Consequences
- 6. Record Seals
- Frequently Asked Questions
- Additional Reading
Police often issue citations for disorderly conduct rather than conducting arrests.
1. Elements
In Nevada, disorderly conduct is a broad, county-wide criminal offense that encompasses any kind of noisy, unruly, or offensive conduct. Specifically, the Clark County Code prohibits:
- Participating in a fight, such as a duel, fistfight, or rumble;
- Challenging other people to fight;
- Committing a breach of peace;
- Inciting a disturbance; and/or
- Interfering with, annoying, accosting or harassing any other person in a way that would cause a disturbance.
Therefore, disorderly conduct is a vague, “catch-all” offense that involves disturbing the quiet of any neighborhood or public place. Note that public intoxication (NRS 258.260) alone is not a crime in Nevada.
Law enforcement can either arrest or issue citations to disorderly conduct suspects.1 These cases typically occur at casinos, bars, the Vegas Strip, and at protests or rallies.
Not that disorderly conduct is a Clark County crime. It is similar to the Nevada state law crime of breaching the peace (NRS 203.010). Clark County comprises the following cities and towns:
- Las Vegas
- Henderson
- North Las Vegas
- Boulder City
- Mesquite
- Laughlin
- Bunkerville
- Moapa
- Moapa Valley
- Goodsprings
- Searchlight
- Jean
- Overton
Every Nevada county has an ordinance similar to Clark County’s disorderly conduct law.2
2. Penalties
Disorderly conduct is a misdemeanor in Clark County, Nevada, carrying:
- Up to 6 months of jail time and/or
- Up to $1,000 in fines.3
It is rare for courts to impose any jail unless you are a repeat offender or miss any court appearances. In many cases, courts even agree to dismiss the entire charge once you pay a fine and/or perform community service.
3. Plea Bargains
In some cases, Nevada prosecutors may be willing to lessen a misdemeanor battery (NRS 200.481) or assault (NRS 200.471) charge down to a disorderly conduct charge as part of a plea bargain. This is advantageous for two reasons:
- Disorderly conduct has less of a stigma than assault or battery because it does not sound as violent. Potential employers and landlords are less likely to reject you if you have a disorderly conduct conviction than if you have an assault or battery conviction.
- A disorderly conduct conviction can be sealed from your record only one year after the case ends. Misdemeanor assault and battery convictions have a two-year wait time for sealing records.4
Some CCC 12.33.010 charges may be fought on First Amendment grounds.
4. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with disorderly conduct. In our experience, the following four defenses have proven very effective with prosecutors and judges at getting these cases dismissed:
- Nothing you did rose to the level of breaching the peace.
- You were falsely accused by someone else.
- Police officers misidentified you as the real culprit.
- Your actions were protected by the First Amendment.
Typical evidence in these cases includes surveillance video of the alleged incident and eyewitness accounts.
5. Immigration Consequences
Disorderly conduct is not a crime involving moral turpitude.5 Therefore, non-citizens convicted of it should not face deportation.
Note that undocumented aliens risk being deported at any time, whether or not they are suspected of committing a crime.
6. Record Seals
If you are convicted of disorderly conduct in Nevada, you must wait one year after the case closes to petition for a record seal. However, if the case is dismissed, you can request a record seal immediately.6
Learn more about sealing criminal records in Nevada law.
Frequently Asked Questions
How much jail time will I actually get for disorderly conduct?
Most people charged with disorderly conduct do not go to jail at all. While the maximum penalty is six months in jail, courts rarely impose jail time unless you’re a repeat offender or miss court appearances. Many cases are dismissed after paying a fine or doing community service.
What exactly counts as disorderly conduct in Las Vegas?
Disorderly conduct includes participating in or starting fights, challenging someone to fight, breaching the peace, causing disturbances, or harassing others in ways that would cause a disturbance. It is a broad “catch-all” offense for noisy, unruly, or disruptive behavior in public places.
How long do I have to wait to seal a disorderly conduct conviction from my record?
If you are convicted of disorderly conduct, you must wait one year after your case ends to request a record seal. However, if your case is dismissed (charges dropped), you can request to seal your record immediately.
Will a disorderly conduct charge affect my immigration status?
Disorderly conduct is not considered a crime involving moral turpitude, so it should not lead to deportation for non-citizens. However, undocumented immigrants always face deportation risk regardless of any criminal charges.
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.