Under the Code of Virginia, Disorderly Conduct is a class 1 misdemeanor, which is punishable by up to twelve (12) months in jail.
A person is guilty of Disorderly Conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
A. In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or
B. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drugs of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the division
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- Prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or
- Has a direct tendency to cause acts of violence by the person or persons at whom, individually the disruption is directed; or
C. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption
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- Prevents or interferes with the orderly conduct of the operation or activity or
- Has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
However, the conduct prohibited under subdivision A, B, or C of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.
In addition, the Virginia Code permits cities, counties, and towns to adopt ordinances prohibiting and punishing the acts and conduct prohibited by the Disorderly Conduct statute so long as such punishments do not exceed that of a class 1 misdemeanor.
In Norfolk, the municipal code also prohibits Disorderly Conduct and many Norfolk police officers write summonses or arrest warrants under the Norfolk City Code as opposed to the Virginia Code.
In particular, a person is guilty of Disorderly Conduct if, with the intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, he:
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- Engages in fighting or in violent, threatening or tumultuous behavior; or
- Disrupts or disturbs any lawful assembly or meeting of persons; or
- Obstructs vehicular or pedestrian traffic; or
- Otherwise creates a hazardous or physically offensive condition by any act, which serves no legitimate purpose of the act; or
- In any street, highway, public building or while in or on a public conveyance or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or
- Willfully or being intoxicated, whether willfully or not, and whether such intoxication, results from self-administered alcohol or other drug whatever nature, disrupts any meeting of the governing body of any political subdivision of this Commonwealth or division or agency thereof, or of any school, literary society or place of religious worship, if the disruption or
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- Prevents or interferes with the orderly conduct of the meeting, or
- Has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
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- Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drugs of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption
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- Prevents or interferes with the orderly conduct of the operation of activity, or
- Has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
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Although there are a variety of ways in which police can charge a person with Disorderly Conduct, the most commonly charged subsection is subsection (A) of the Code of Virginia and subsection (5) of the Norfolk City Code.
An obvious example of Disorderly Conduct involves people fighting in a public place such as in the street or business open to the public such as a club or a bar.
Nonetheless, mere rudeness to or criticism of law enforcement is not sufficient evidence for a valid Disorderly Conduct conviction in court.
If you find yourself charged with Disorderly Conduct in the city of Norfolk or another city in Hampton Roads, be sure you are represented by experienced local counsel. LeCruise Law has been successful in having many Disorderly Conduct cases dismissed and assisting clients in the necessary expungement process.