Charged or Arrested for Disorderly Conduct?

Penalties for being convicted of Disorderly Conduct can be a fine that ranges up to $200 and jail time of 6 months.

What constitutes Disorderly Conduct in Massachusetts?

To convict someone of Disorderly Conduct, the Commonwealth must prove three things beyond a reasonable doubt:

1. defendant involved himself (herself) in at least one of the following actions:
   1.  fighting or threatening
   2. violent or tumultuous behavior
   3. creation of a hazardous or physically offensive condition by an act that served no legitimate purpose of the defendant’s,
2. defendant’s actions were reasonably likely to affect the public; and
3. defendant either intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of public inconvenience, annoyance or alarm.

• Prohibited Actions. Generally, the disorderly conduct law seeks to control intentional conduct which tends to disturb the public tranquility, or to alarm or provoke others. It prohibits four separate and distinct acts:
  1. conduct that involves the use of force or violence.
  2. making threats that involve the immediate use of force or violence.
  3. tumultuous and highly agitated behavior, which may not involve physical violence, but which causes riotous commotion and excessively unreasonable noise, and so constitutes a public nuisance.
  4. any conduct that creates a hazard to public safety or a physically offensive condition by an act that serves no legitimate purpose of the defendant’s.
• “Public.” For the defendant to be found guilty, his (her) actions must have been reasonably likely to affect the public, that is, persons in a place to which the public or a substantial group has access.
• Recklessness. A person acts recklessly when he consciously ignores, or is indifferent to, the probable outcome of his actions. The defendant was reckless if he (she) knew, or must have known, that such actions would create a substantial and unjustifiable risk of public inconvenience, annoyance or alarm, but he (she) chose, nevertheless, to run the risk and go ahead.
• Defense of Intoxication. Intoxication or mental disease as negating intent. Where supported by the evidence, the defendant is entitled to an instruction that alcohol or drug intoxication, or mental condition, may negate specific intent.

[toggle title=”Disorderly Conduct (M.G.L. c. 272, § 53)”] Section 53. (a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. (b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment. [/toggle]

Contact a Lawyer ASAP

Don’t be fooled that the punishment for Disorderly Conduct is not very severe because the impact this can have on one’s record is substantial. Down the road when people apply for jobs, graduate school, or for licenses (professional and recreational), this blemish could have huge negative consequences, especially where competition for the job or admission is competitive, or when licensing boards are very strict and have lots of discretion to deny licensing.  Therefore it makes sense to try and get records sealed from past criminal issues like Disorderly Conduct. However, this crime is a crime of violence and it will likely take many years longer to get a criminal record sealed of Disorderly Conduct. In other words, this will not only stay on one’s record and cause major issues, it will stay on one’s record for a long time. Get a lawyer.