Disorderly Conduct

Disorderly Conduct, C.R.S. 18-9-106 (VERSION A)

Disorderly Conduct can be charged in a number of circumstances with varying classes of penalty. It can be charged as a Class 1 or 2 misdemeanor or as a petty offense depending on the facts.

Petty Offense Elements:
1. A person intentionally, knowingly, or recklessly
2. Makes coarse and offensive statements, gestures or displays OR
3. Makes unreasonable noise in a public place OR
4. Fights with another in public, except for amateur or professional contests.
A petty offense is punishable by up to ten days in jail and/or a fine up to $300.

Class 2 Misdemeanor Elements:
1. A person intentionally, knowingly, or recklessly
2. Displays a deadly weapon or something made to look like a deadly weapon and alarms another person OR
3. Makes coarse and offensive statements, gestures or displays OR makes unreasonable noise in a public place, OR fights with another in public WITH the intent to cause severe emotional distress or interfere with people at a funeral.
A class 2 misdemeanor is punishable by up to 120 days in jail and/or a $750 fine.

Class 1 Misdemeanor Elements:
1. A person intentionally, knowingly, or recklessly
2. Discharges a firearm when not a police officer or for purposes of target practice
A class 1 misdemeanor is punishable by up to 364 days in jail and/or a $1,000 fine.

Disorderly Conduct, C.R.S. 18-9-106 (VERSION B)

Disorderly Conduct can be charged in a number of circumstances with varying classes of penalty. It can be charged as a Class 2 or 3 misdemeanor or as a Class 1 petty offense depending on the facts.

Class 2 Misdemeanor Disorderly Conduct:
Someone can be charged with disorderly conduct as a class 2 misdemeanor if they:

  1. Unlawfully discharges a firearm in public, OR
  2. Display a deadly weapon or something made to look like a deadly weapon in public, OR
  3. Say they have a deadly weapon in a public place with the intent to cause alarm

Class 2 misdemeanor disorderly conduct is punishable by 3 months to one year in jail and fines from $250 to $1,000.

Class 3 Misdemeanor Disorderly Conduct:
Someone can be charged with disorderly conduct as a class 2 misdemeanor if they fight with another person in public, except for amateur or professional contests.

A class 3 misdemeanor is punishable by $50 fine and up to 6 months in jail.

Class 1 Petty Offense Disorderly Conduct: 
Someone can be charged with disorderly conduct as a class 2 misdemeanor if they:

  1. Make a coarse or offensive gesture, utterance or display in a public place and it causes a “breach of peace”, OR
  2. Make an unreasonable amount of noise in public or near a private residence that they do not have the right to occupy.

Although petty offenses typically won’t get a jail sentence if convicted, a class 1 petty offense is punishable by up to a $500 fine and 6 months in jail.

Cummings & Petrone, LLC is experienced in the handling of Disorderly Conduct and other related criminal charges. Contact them today at 970-484-2217 or schedule your free consultation.