{"id":375250,"date":"2017-11-29T18:23:08","date_gmt":"2017-11-29T23:23:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-disturbing-the-peace-laws.html"},"modified":"2018-01-17T16:46:33","modified_gmt":"2018-01-17T21:46:33","slug":"new-york-disturbing-the-peace-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-disturbing-the-peace-laws.html","title":{"rendered":"New York Disturbing the Peace Laws"},"content":{"rendered":"\n
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New York Disturbing the Peace 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

Playing loud music, engaging in fisticuffs, or yelling at someone in a public place is just a short list of examples of what it means to disturb the peace<\/a>. These violations go beyond mere annoyance and truly violate the community’s sense of peace and tranquility.<\/p>\n

Disorderly Conduct in New York<\/h2>\n

New York’s laws regarding disturbance of the peace fall under the more extensive category of disorderly conduct. Fighting, at its core, is the antithesis of peace. Therefore, it is not surprising that this is an important category of disorderly conduct<\/a>. Any type of public fighting such as drunken brawls, slugfests, or rioting may be considered a disorderly conduct violation. Additionally, participants may also face more serious charges such as assault and\/or battery charges<\/a>.<\/p>\n

Words that Disturb the Peace<\/h2>\n

You do not have to engage in actual physical activities to violate New York’s disturbing the peace laws; certain words and language can also constitute a violation. For example, if you shout or use profanity in public to instigate violence, then you may be in violation of New York’s disturbing the peace laws. Although there is a First Amendment<\/a> right to free speech, there are limitations to that right and it’s possible that your actions could still constitute a breach of the peace.<\/p>\n

New York Disturbing the Peace Laws at a Glance<\/h2>\n

The chart below provides a summary of state laws related to disturbing the peace laws in New York, including links to important code sections.<\/p>\n\n

Statutes and Elements of the Violation<\/b><\/p>\n<\/td>\n

Penal Law Section 240.20<\/a> (Disorderly Conduct)<\/p>\n

A person is guilty of disorderly conduct when engaging in the following:<\/p>\n

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Penalties and Sentencing<\/b><\/p>\n

 <\/p>\n<\/td>\n

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  • Disorderly conduct is considered a violation in New York; violations in New York do not result in criminal records.<\/li>\n
  • Violations are punishable by up to 15 days in jail and a fine.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

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

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  • Self-defense or defense of others<\/li>\n
  • Entrapment<\/li>\n
  • Outrageous police conduct<\/li>\n
  • The incident or event did not involve a significant segment of the public<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offenses<\/b><\/p>\n<\/td>\n

Penal Law Section 240.40<\/a> (Public Intoxication)<\/p>\n

Penal Law Section 245.00<\/a> (Public Lewdness)<\/p>\n

Penal Law Section 240.35<\/a> (Loitering)<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

New York Disturbing the Peace Laws: Related Resources<\/h2>\n