What does Ohio consider ‘disorderly conduct’ and are you accidentally committing it?
We may hear the term “disorderly conduct” thrown around quite a bit in movies and television, but what does it actually mean, and how do you know if you’re guilty of it?
In Ohio, disorderly conduct is commonly considered a misdemeanor, but its exact definition is an umbrella term that covers a variety of behaviors.
What is the definition of disorderly conduct?
Disorderly conduct in Ohio is defined under the Ohio Revised Code § 2917.11 and includes public conduct that could be characterized as
- recklessly causing inconvenience
- annoyance
- alarm to another person through specific behaviors
Additionally, Ohio law includes provisions for disorderly conduct while voluntarily intoxicated. They can be charged if they engage in any of the above behaviors, but also if they create a risk of harm to themselves or others’ property.
Examples of disorderly conduct
According to one of Ohio’s top-rated legal firms, disorderly conduct can manifest in various ways. For example:
- Fighting or threatening harm to persons or property in public
- Making unreasonable noise or using offensive gestures
- Using grossly abusive language towards others
- Blocking roads or hindering the free movement of people on public property
- Creating a physically offensive condition or a situation that poses a risk of physical harm without a lawful purpose
- Urinating on a public street in full view of others
- Screaming curse words and making a scene in a restaurant after being asked to leave
- Engaging in violent or turbulent behavior
- Taunting or challenging others in a way that may provoke a violent response
- While voluntarily intoxicated, behaving in a manner likely to be offensive or cause inconvenience in public or in the presence of two or more people
- Creating a condition that presents a risk of physical harm to oneself, others, or property while intoxicated
Penalties
Disorderly conduct in Ohio is typically classified as a minor misdemeanor, punishable by a fine of up to $150 with no jail time. However, the offense can be elevated to a fourth-degree misdemeanor under certain circumstances, such as:
- Committing the offense near a school
- Committing the offense in the vicinity of an emergency facility or a law enforcement officer on duty
- A fourth-degree misdemeanor carries more severe penalties, including up to 30 days in jail and fines of up to $250
- Persisting in the disorderly conduct after a reasonable warning to desist
If a fourth-degree misdemeanor carries more severe penalties, including up to 30 days in jail and fines of up to $250
Local Ordinances
It is worth noting that Ohio law allows counties and municipalities to adopt their own ordinances regarding disorderly conduct, so the penalties and fines could vary depending on where you live. For instance, you can check out Municode for Ohio-specific laws.
What should you do if you’ve been charged with disorderly conduct?
If you are charged with disorderly conduct, it is crucial to seek the advice of a criminal defense attorney.
Depending on the situation, there could be special exceptions in some circumstances:
Sufficient provocation
Reasonableness of fear
Constitutional protections
The best way to avoid disorderly conduct charges is to remain chill and don’t get rowdy in public. However, if the worst happens, you can find a local attorney and their professional standing at the State Bar of Ohio directory.