Disorderly conduct typically means that your actions disrupt others. It can be as simple as swearing or making an offensive gesture, generating a disruptive amount of noise, or discharging a firearm in public.

The key is that the act must be knowingly or intentionally committed. However, the other standards for criminal charges are ambiguous, leaving you at the mercy of what the law enforcement officer who catches you considers an “immediate breach of peace.”

What seems like a harmless prank could land you with a misdemeanor charge and a criminal record.

What Is Considered Disorderly Conduct?

Section 42.01 of the Penal Code details the acts that could lead to a disorderly conduct charge.

Anyone who knowingly or intentionally does any of the following could face arrest and criminal charges: 

• Exposing sexual organs, genitals, or anus in public
• Using profane, abusive, indecent, or vulgar language in a public setting (and the language incites an immediate breach of peace)
• Discharging a firearm on or across a public road
• Making offensive gestures or displays in a public area (and the gesture incites an immediate breach of peace)
• Displaying a gun or deadly weapon in a public place with intent to alarm
• Creating a noxious and unreasonable odor in a public place by chemical means
• Discharging a firearm in any public place other than a public road or shooting range
• Fighting with someone else in public
• Abusing or threatening someone in a public place in an offensive manner
• Making an unreasonable amount of noise (more than 85 decibels) in a place other than a gun shooting range or in or near a private residence that they don’t occupy

Types of Disorderly Conduct

Texas categorizes disorderly conduct into three categories: speech, assault, and lewd behavior.

Speech

Everyone has the First Amendment right to freedom of speech. However, certain words and types of language may be considered offensive and thus result in charges of disorderly conduct.

Texas has criminalized the use of words or phrases in a public place that are interpreted as profane, indecent, abusive, or vulgar. Lewd gestures or displays of offensive behavior are also included. The key is that law enforcement must believe your words or acts will incite a “breach of the peace,” a vague benchmark.

For example, if you yell “fire” in a crowded public space, you could be charged).

Assaultive and Disruptive Behavior

This involves any act that would scare the public or be considered a nuisance. Typically, charges will be elevated if the act leads to injury. This includes:

• Fighting in public
• Discharging a weapon in public
• Throwing a smoke or stink bomb
• Improper use of fireworks

The bar for these acts is very low, once again leaving the decision of whether your act was severe enough to justify arrest up to law enforcement officers.

For example, if you’re involved in a fight at a bar, both participants will likely face charges, even if you did not initiate the fight.

Lewd Behavior

Lewd or offensive behavior not categorized as assault is also criminal. It’s considered criminal to recklessly expose your genitals or anus without considering possible witnesses who may be offended. This includes:

• Public urination
• Mooning (as long as it was not for sexual gratification, which would be elevated to indecent exposure)
• Peeping Toms (looking into someone’s residence or hotel room “for lewd or unlawful purposes. This also includes restrooms and changing rooms.)

For example, if a group of fraternity members decides to drop their trousers outside the window of a sorority house, it could be considered disorderly conduct.

What are the Penalties for Disorderly Conduct in Texas?

Disorderly conduct is typically a Class C misdemeanor punishable by a fine of up to $500. Firearms-related acts, including discharging or displaying a gun in a public place, are Class B misdemeanors, punishable by up to 180 days in jail and a fine of up to $2,000.

What is the Statute of Limitations for Disorderly Conduct

A statute of limitations applies to most crimes under the Texas Penal Code. It is when prosecutors have to file criminal charges against you after you’re accused of a criminal act.

Disorderly conduct is a misdemeanor. The statute of limitations is two years. This means that after you’re accused of a disorderly act, prosecutors have up to two years to file charges against you.

Examples of Disorderly Conduct Arrests

• Lamar University Police arrested a woman in Beaumont after she scared students and faculty by walking around campus with a fake gun. She was charged with disorderly conduct.
• An El Paso man who sparked a flurry of 911 calls while walking through several neighborhoods with a weapon and wearing ear protection and a vest faced Class B misdemeanor disorderly conduct charges. After the calls to 911, schools in the area were “locked down.”
• A man was charged with public intoxication and disorderly conduct after a racist rant at a Friendswood cellphone store. Police said he verbally abused an employee at an AT&T store.

A family in Childress was arrested and charged with disorderly conduct for playing loud music in their front yard. During the incident, three people were arrested, and one of the suspects was tased.