11.1.1.3: Disorderly Conduct Attendant Circumstance

California Criminal Law 2026 · LibreTexts

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    From LibreTexts, under CC BY-NC-SA 4.0, as the source states it; its equations are written in TeX, which the PDF shows typeset. This page at LibreTexts.

    In many jurisdictions, disorderly conduct requires the attendant circumstance that the conduct occur in a public place (Tex. Penal Code § 42.01, 2011). This goes along with the purposeful or reckless intent to inconvenience, annoy, or alarm the public, or create a risk thereof. The Model Penal Code defines public as “affecting or likely to affect persons in a place to which the public or a substantial group has access…highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood” (Model Penal Code § 250.2).

    Example of Disorderly Conduct Attendant Circumstance

    Review the example in “Example of Disorderly Conduct Act” with David and Daniel. David and Daniel commit their acts of loud and unreasonable noise, threats, fighting words, fighting, and creating a hazardous condition on a sidewalk in a neighborhood. Thus in jurisdictions that require the disorderly conduct attendant circumstance of a public place, David and Daniel may be subject to prosecution for and conviction of this offense. If David and Daniel committed exactly the same acts in a private residence located on fifty acres with no neighbors for miles, the attendant circumstance for disorderly conduct would be lacking, along with the criminal intent to annoy, inconvenience, or alarm the public.

    This page titled 11.1.1.3: Disorderly Conduct Attendant Circumstance was last modified on Thu, 03 Sep 2026 13:39:04 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.