PC §501 - DISTURBING THE PEACE
CLASS E MISDEMEANOR
(a) Definition
Disturbing the peace is the act of engaging in behavior that disrupts or disturbs the tranquility, order, or peace of the community, public place, or private premises.
Types of Behavior
Disturbing the peace may include, but is not limited to, the following:
Loud or excessive noise: Shouting, yelling, playing loud music, or making other loud noises that disturb the peace.
Fighting or brawling: Engaging in physical altercations or violent behavior in public places.
Disorderly conduct: Behaving in a disorderly or disruptive manner, such as blocking traffic, loitering, or engaging in aggressive or threatening behavior.
Public intoxication: Being intoxicated in public to the extent that it disrupts the peace or endangers oneself or others.
(b) Elements of the Offense
The following elements must be met to constitute disturbing the peace:
The defendant engaged in behavior that was loud, unruly, or disruptive.
The behavior occurred in a public place or private premises where it was likely to cause annoyance, inconvenience, or alarm to others.
The defendant's conduct was intentional or reckless, and it disturbed or interfered with the peace and quiet of the community or affected the rights of others.
(c) Defenses
(a) It shall be a defense to a charge of disturbing the peace if the defendant can prove that their behavior was not intentional, accidental, or the result of coercion, or if they can demonstrate that their conduct was protected by constitutional rights, such as freedom of speech or assembly.
(b) Lack of intent to disturb the peace or absence of actual disturbance may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as prior convictions for similar offenses, the use of violence or threats in committing the offense, or the presence of vulnerable individuals or minors at the scene may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
20 SECONDS OF JAIL TIME.
BOND SET
$2,000.00
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