{"id":372391,"date":"2016-04-11T01:21:50","date_gmt":"2016-04-11T06:21:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-disorderly-conduct-laws.html"},"modified":"2016-06-20T19:51:24","modified_gmt":"2016-06-21T00:51:24","slug":"delaware-disorderly-conduct-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-disorderly-conduct-laws.html","title":{"rendered":"Delaware Disorderly Conduct Laws"},"content":{"rendered":"\n
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Delaware Disorderly Conduct Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State disorderly conduct<\/a> laws generally make it illegal to disturb the peace<\/a> by fighting in public, making unreasonable noise, or obstructing traffic. This article provides a brief overview of Delaware’s disorderly conduct laws.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Delaware Code section 1301<\/a>: Disorderly Conduct<\/b><\/td>\n<\/tr>

What’s Prohibited? <\/b><\/p>\n<\/td>\n

Intentionally causing public inconvenience, annoyance or alarm to another person, or creating a risk thereof by:<\/p>\n

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  • Engaging in fighting or in violent, tumultuous, or threatening behavior<\/li>\n
  • Making unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to any person present<\/li>\n
  • Disturbing any lawful assembly or meeting of people (without the lawful authority to do so)<\/li>\n
  • Obstructing vehicular or pedestrian traffic<\/li>\n
  • Congregating with other people in a public place and refusing to comply with a lawful order of the police to disperse<\/li>\n
  • Creating a hazardous or physically offensive condition which serves no legitimate purpose, or<\/li>\n
  • Congregating with other people in a public place while wearing masks, hoods, or other garments to hide their faces, for the purpose of imminently subjecting any person to the deprivation of any rights, privileges, or immunities<\/li>\n<\/ul>\n

    Engaging with at least one other person in an act of disorderly conduct described above that is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer to the participants.<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Disorderly conduct is an unclassified misdemeanor.<\/td>\n<\/tr><\/tbody><\/table>\n

Disorderly Conduct at a Funeral<\/h2>\n

Delaware has a separate statute that criminalizes disorderly conduct at a funeral. This law prohibits any of the following acts within 300 feet of a funeral or memorial service (or within 1,000 feet of a funeral procession or burial):<\/p>\n