The Oregon Disorderly Conduct Law Guide: Punishments & Charges
ORS disorderly conduct laws cover a wide set of behaviors that share one thing in common: disruption of the peace. These laws protect public and private spaces from disruptive behaviors like fighting, unreasonable noise, and false emergency reporting.
Because the law is so broad, disorderly orderly conduct is often a subjective offense. Many people charged with Oregon disorderly conduct are under the influence of alcohol or drugs, which can further complicate the case. If you’ve been charged with ORS disorderly conduct, Powell Law can help. We’ll listen to your side of the story and help you pursue the best possible outcome.
Read on to learn everything you need to know about Oregon disorderly conduct, including the first and second degree offenses and punishments for each.
What Is Disorderly Conduct in Oregon?
In Oregon, disorderly conduct is a criminal offense that involves disruptive behavior in either public or private settings. The offense is governed by ORS 166.023 and ORS 166.025. Under these statutes, you commit disorderly conduct if you intentionally cause public inconvenience, annoyance, or alarm.
Some common examples of disorderly conduct include:
Starting a fight in a public park.
Yelling continuously in a quiet neighborhood at night.
Standing in the road to block traffic on purpose.
Loudly interrupting a public meeting.
Littering with broken glass in a public space.
What Is ORS Disorderly Conduct 1?
ORS Disorderly Conduct in the First Degree, which falls under ORS 166.023, is the more serious version of disorderly conduct in Oregon. It occurs when someone knowingly initiates a false report or alarm concerning an emergency, such as a:
Fire
Explosion
Crime
Catastrophe
Bomb threat
Hazardous substance
You can be charged with ORS Disorderly Conduct 1 if prosecutors believe that you acted with the intent to cause disruption or alarm by prompting emergency services to respond.
The most common example of Disorderly Conduct in the First Degree is falsely calling in a bomb threat. Another example would be leaving a suspicious-looking package in public that seems to contain hazardous materials. In both of these examples, the intent is to cause fear and panic.
What Is ORS Disorderly Conduct 2?
ORS Disorderly Conduct in the Second Degree, which falls under ORS 166.025, is a less severe form of disorderly conduct. You commit this offense if you intentionally or recklessly cause public inconvenience, annoyance, or alarm by engaging in any of the following actions:
Fighting or violent, tumultuous, or threatening behavior in public.
Making unreasonable noise.
Disrupting a lawful assembly without authority (such as a meeting, gathering, or event).
Obstructing vehicular or pedestrian traffic.
Congregating with others in public and refusing to disperse when ordered by law enforcement.
Creating a hazardous or physically offensive condition by an act that serves no legitimate purpose.
Oregon Disorderly Conduct charges can be quite subjective. The difference between being arrested for disorderly conduct and not usually comes down to whether or not you’re annoying the arresting officer.
Penalties
The penalties for ORS disorderly conduct depend on the exact charges. If you’re facing Disorderly Conduct in the First Degree, you may receive the following penalties:
Up to 1 year in jail
Fines of up to $6,250.
If you’re facing Disorderly Conduct in the Second Degree, you may receive the following penalties;
Up to 6 months in jail
Fines of up to $2,500
Is It a Felony or Misdemeanor?
ORS disorderly conduct is considered a misdemeanor, not a felony. Disorderly conduct 1 is typically charged as a Class A misdemeanor with higher penalties. Disorderly conduct 2 is usually charged as a Class B misdemeanor. However, if you knowingly commit the crime within 200 feet of a funeral or memorial service, the charge will be elevated to a Class A misdemeanor.
Oregon Disorderly Conduct Summary
ORS disorderly conduct laws protect the public from disruptive behavior, like loud noises, fighting, and bomb threats. Sometimes, what you consider a celebration or freedom of speech might be deemed disorderly conduct by law enforcement.
Whether you got into a heated argument or were protesting in public, if you’re facing Oregon disorderly conduct charges, you need an experienced attorney. At Powell Law, we understand the ins and outs of Oregon laws. We’ll help you build your case and get the best outcome possible. Contact Powell Law today for a consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
