Facing a disorderly conduct charge in Texas can be confusing and overwhelming, especially if you are unsure what constitutes the offense. While disorderly conduct is typically considered a misdemeanor, it can still carry significant personal and professional consequences, including fines, a criminal record, and even jail time in certain situations. In this article, we’ll explain the Texas laws around disorderly conduct, its severity, and the specific behaviors that can lead to a disorderly conduct charge under Texas Penal Code § 42.01.
Whether you or a loved one are facing charges or want to understand disorderly conduct Texas law better, this article will provide the facts you need to know – including who to call for help defending your case.
What is Disorderly Conduct in Texas?
Although vague in some areas, Texas disorderly conduct laws are designed to maintain public order and safety by punishing behaviors that disturb the peace or cause alarm. Common examples of disorderly conduct in Texas include offensive gestures or language that can cause a breach of peace, fighting in public, unreasonable noise in public spaces, or indecently exposing oneself.
Generally, Texas disorderly conduct charges are considered a Class C misdemeanor, which is the lowest level of criminal offense in the state. This means a conviction generally results in a fine rather than jail time. However, certain behaviors and actions classified as Texas disorderly conduct, such as discharging a firearm in a public space, can be elevated to a Class B misdemeanor and carry a possibility of incarceration.
Disorderly Conduct Texas Penal Code - PENAL § 42.01
Texas Penal Code Section §42.01 outlines the following specific behaviors, when committed intentionally or knowingly, as disorderly conduct offenses.
- Using abusive, indecent, profane, or vulgar language in a public place where the language alone can cause an immediate breach of peace. These types of words can include curse words, cussing, or racial slurs.
- Making an offensive gesture or display in a public place where the gesture alone can cause an immediate breach of the peace, including the middle finger or sexually suggestive actions.
- Creating a noxious and unreasonable odor in a public place through the use of some type of chemical.
- Abusing or threatening a person in a public place.
- Making unreasonable noise in a public place or in or near a private residence the alleged offender has no right to occupy. (A noise is presumed to be unreasonable if it exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.)
- Fighting with another person in a public place.
- Discharging a firearm in a public place other than a public road or sport shooting range.
- Displaying a firearm or other deadly weapon in a public place in order to create alarm.
- Discharging a firearm on or across a public road.
- Recklessly exposes sex organs, genitals, or anus in a public place without regard for whether another person who is present might be offended or alarmed.
- Enters another person’s property or looks into the dwelling through any window or opening for a lewd and unlawful purpose. (i.e., a “peeping Tom.”)
- While on hotel premises, looks into a guest room that is not their own through a window or other opening in the room for a lewd and unlawful purpose.
- While on the premises of a public place, looking into an area, such as a restroom, changing room, dressing room, or shower stall that is designed for privacy for a lewd and unlawful purpose.
It’s important to understand that the prosecution must prove the alleged offender committed every element of the offense beyond a reasonable doubt to land a conviction. That’s why contacting a criminal defense attorney skilled in disorderly conduct cases is critical for protecting your rights.
Texas Disorderly Conduct Attorneys Can Help
If convicted, any disorderly conduct charge can create a criminal record, which may unfavorably affect employment, housing, or future legal matters. Therefore, consulting an experienced criminal defense attorney when charged with disorderly conduct in Texas is critical to securing the best possible outcome.
With decades of combined legal experience helping good people in bad situations, the GHC Law Firm in Austin has the criminal defense attorneys Travis and surrounding counties trust. We’re in your corner every step of the way, listening to your story and absorbing every detail to find the angles that will benefit your case and help us protect your legal and constitutional rights. We know the Texas legal system and how to fight it in pursuit of justice, working to help you win and move forward with life.
Contact GHC Law today for a free consultation about disorderly conduct Texas charges
GET IN TOUCHTexas Disorderly Conduct FAQ
Does the First Amendment protect me against Disorderly Conduct Charges?
Although the First Amendment protects the right to freedom of speech, Texas courts have made a few exceptions regarding disorderly conduct. Language that constitutes danger or is explicitly vulgar to the point that it disturbs the peace is not protected under the Constitution. For example, yelling “bomb” in a public place, like a store or movie theater, can imply a threat that could cause serious bodily injury due to ensuing panic.
What level of crime is Disorderly Conduct in Texas?
Disorderly conduct charges are typically classified as Class C misdemeanors. However, when certain circumstances apply, the charge can escalate to a Class B misdemeanor.
What is the Punishment for Disorderly Conduct in Texas?
The punishment depends on the severity of the offense. These crimes are typically classified as Class C misdemeanors, which carry a fine of up to $500 and no jail time. However, if the disorderly conduct offense is elevated to a Class B misdemeanor, the punishment carries up to 180 days in jail and up to $2000 in fines if convicted.
Can you get probation for Disorderly Conduct in Texas?
If the disorderly conduct offense is elevated to a Class B misdemeanor, probation may be an option as part of the sentencing.
Do I need a lawyer for a disorderly conduct charge?
If you are being charged with or facing false accusations of disorderly conduct, your first step should be to contact a criminal defense attorney, which is the best attorney for disorderly conduct charges.
