{"id":375248,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-disorderly-conduct-laws.html"},"modified":"2018-03-26T11:18:58","modified_gmt":"2018-03-26T16:18:58","slug":"new-york-disorderly-conduct-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-disorderly-conduct-laws.html","title":{"rendered":"New York Disorderly Conduct Laws"},"content":{"rendered":"\n
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New York 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 updated\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

As the home state of America’s biggest city, New York is often witness to public protests, so much so that some news organizations even dedicate entire sections<\/a> to protests around the city. However, protesters and even the journalists covering them<\/a> are often susceptible to arrest for disorderly conduct even while exercising their right to peacefully assemble. A variety of other activities can also violate New York disorderly conduct laws, especially when committed with the intent<\/a> to inconvenience or annoy the public or with reckless disregard to the risk of public harm.<\/p>\n

When determining whether the nature of an accused person’s conduct constitutes disorderly conduct, courts consider the extent to which the person’s conduct annoyed others; whether it persisted after warnings by others or police; and whether it occurred in a public place.<\/p>\n

New York Disorderly Conduct Laws At A Glance<\/h2>\n

For more information on New York’s disorderly conduct laws, see the chart below.<\/p>\n\n
Statutes<\/b><\/td>\n
Definition<\/b><\/td>\n

Disorderly conduct requires the intent to cause public inconvenience, annoyance or alarm or to recklessly create such a risk and includes behavior such as:<\/p>\n

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  • Engaging in fighting or violent, tumultuous or threatening behavior;<\/li>\n
  • Making unreasonable noise;<\/li>\n
  • Using abusive or obscene language or making obscene gestures in a public place;<\/li>\n
  • Unlawfully disturbing any lawful assembly or meeting;<\/li>\n
  • Obstructing vehicular or pedestrian traffic;<\/li>\n
  • Refusing to comply with a lawful police order to disperse when congregating in a public place;<\/li>\n
  • Creating a hazardous or physically offensive condition by an act which serves no legitimate purpose.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Maximum Penalties<\/b><\/td>\n

Disorderly conduct is a violation that can be punished by up to 15 days in prison or by a fine of up to $250.<\/p>\n<\/td>\n<\/tr>

Defenses<\/b><\/td>\n

Defenses to a charge of disorderly conduct can include:<\/p>\n