Is disorderly conduct a misdemeanor in pa?

Is Disorderly Conduct a Misdemeanor in PA?

In the state of Pennsylvania, disorderly conduct is a criminal offense punishable by law. But is disorderly conduct a misdemeanor in PA?

What is Disorderly Conduct?

Disorderly conduct is a controversial and often misunderstood crime that can be committed in various situations. According to Pennsylvania statues, disorderly conduct can be defined as:

"A person may not intentionally, and outside the presence of two or more other persons, or whether such person does so otherwise, engage in conduct by which he or she prays, or causes persons to pray, for relief, or for the alleviation of any evil," (18 Pa. C.S. §3503)

In simpler terms, disorderly conduct typically involves engaging in behavior that is considered to be intimidating, threatening, or illegal, such as loud argumentation, profanity-laced tirades, or physical altercations in public places.

Categories of Disorderly Conduct

In Pennsylvania, disorderly conduct is categorized into two sections:

1. "Harassment" subsection

• Intoxication: Being intoxicated (drunk) in public and causing a disturbance is considered disorderly conduct.

2. "Creation of a hazardous or noisy condition" subsection

• Noise: Making too much noise in a noisy condition, such as arguing loudly or playing music, is considered disorderly conduct.

Penalties and Consequences

So is disorderly conduct a misdemeanor in PA?

Yes, disorderly conduct is considered a second-degree misdemeanor in Pennsylvania.

Penalties:

• Fine: Not more than $500

Consequences:

• Jail Sentence: Up to 60 days
• Prohibition: May be arrested for disorderly conduct under certain circumstances

Prosecution and Defense

Charges of disorderly conduct can be brought by:
Police Officers, for example, responding to disturbance calls or observing behavior perceived as disorderly.

Defense strategies may include:

• Claim of intoxication: The accused individual may argue that they did not intentionally engage in behavior that caused a disturbance
• Claim of self-defense: The accused individual may argue that the behavior was a response to a perceived threat
• Claim of wrongful arrest: The accused individual may argue that the initial arrest was unlawful

Table: Disorderly Conduct Offenses in Pennsylvania

Conclusion

Is disorderly conduct a misdemeanor in PA?
Yes, disorderly conduct is a second-degree misdemeanor in Pennsylvania, punishable by a fine and up to 60 days in jail. It’s essential to understand the criminal laws and consequences of your actions to avoid legal penalties.