5.501 — DISTURBING THE PEACE

Violations of "Statute 5.501" results in a Class E Misdemeanor

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(a) Definitions

Disturbing the peace involves any action, conduct, or behavior that disrupts public peace, order, or tranquility, and causes reasonable discomfort, inconvenience, or alarm to others in a public or private setting. This can include loud noises, violent behavior, fighting, public intoxication, or any act that causes a public disturbance, especially in areas where such conduct is not acceptable.

(b) Elements

To establish the offense of disturbing the peace, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant engaged in conduct that was disruptive, loud, or offensive to the public or individuals around them.

2. The conduct occurred in a public place or a private location where others could reasonably be disturbed or alarmed.

3. The defendant's conduct was not lawful or protected by the right to free speech or assembly (e.g., it was not an expression of free speech in a peaceful protest).

(c) Defenses

Defenses against a charge of disturbing the peace may include:

• The conduct was not disruptive or offensive to those around the defendant or did not cause actual harm or discomfort.

• The defendant's actions were protected under their constitutional rights, such as in a peaceful protest or demonstration.

• The defendant was not aware that their conduct was disturbing or disruptive, and there was no intent to cause harm or distress.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The disturbance occurred in a sensitive location, such as a hospital, school, or place of worship.

• The defendant’s actions caused significant disruption or posed a risk to public safety.

• The disturbance was accompanied by threatening behavior, fighting, or other forms of violence.