It is a Saturday night, and after one-too-many beers, you and your buddies get loud in the bar singing along with an old jukebox. Then you take that out into the streets. It is 1 a.m., and a police car drives by. Could you be arrested? Most jurisdictions, including those in Oklahoma, have statutes prohibiting disorderly conduct.
And while most of us have heard the term before, it can incorporate more than you might think.
What Oklahoma Law Says About Disorderly Conduct and Disturbing the Peace
The basis of this crime is rooted in noise conduct that disturbs the peace of those around you. Some jurisdictions call the crime “disorderly conduct,” some call it “disturbing the peace.”
While the crime can grow out of being intoxicated, it can actually arise in a number of different situations. Having a loud argument past a normal bedtime; playing music too loudly regardless of the time of day; loitering in a park and bothering people. These are all forms of disorderly conduct or disturbing the peace.
Disorderly Conduct Defined
Oklahoma law defines disorderly conduct as the willful or malicious disturbing of the peace and quiet of others; loud or unusual noise; using abusive, obscene or violent language; making threats of body injury, death, or the destruction of property; arguing or fighting; shooting off firearms; running a horse at unusual speed down public roadways. Okla. Stat. tit. 21 § 1362.
The statute covers a lot of ground. And while we may no longer have the occasion to run a horse at an unusual speed on a street, publicly arguing with a spouse is an all too often occurrence, and is punishable if it disrupts the peace of those around you.
The crime is a misdemeanor and is punishable by a fine up to $100, or up to 30 days in the county jail, or both.
How is Gross Disturbance of the Peace Different?
This is much like disorderly conduct, but more so. The conduct may cause injuries or outrage public decency. Public urination is an example. Any conduct which grossly disturbs the peace or health of others constitutes a gross disturbance of the peace.
This crime is also a misdemeanor, but carries a stiffer penalty: up to one year in the county jail, or a fine up to $500, or both. Okla. Stat. tit. 21 § 22.
Disturbance of a Religious Meeting is Also Disorderly Conduct
In Oklahoma, it is against the law to speak profanely, commit any rude or indecent act, or making any unnecessary noise within the place where a religious meeting is held or near enough to it to cause a disturbance. Okla. Stat. tit. 21 § 916.
This prohibits swearing, making threats and the like at or near a church meeting or service. But it could also include prohibiting political rallies near places of worship. This too is a misdemeanor.
If you or a loved one are facing charges for disorderly conduct, do yourself a favor and consult with an experienced Tulsa criminal defense lawyer. All jail time is hard time.
Free Consultation: Tulsa Criminal Defense Lawyer
Get the help you need. Call us today at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer the Tulsa Misdemeanor Defense Lawyer to call you or reach you by email, click here to ask your questions via the free online consultation request form.