Most states have laws that are meant to keep the peace in public. These types of laws prohibit a range of activities including disturbing the peace, disorderly conduct, and public intoxication. In Indiana, the "Offenses Against Public Order" title of state's criminal code covers three Indiana public safety violations with specific laws on rioting and flag desecration, in addition to disorderly conduct. Indiana also has a related statute in its "Alcohol and Tobacco" title that prohibits being intoxicated in a way that's disruptive to the public.
Indiana Disorderly Conduct Laws: An Overview
There's no question that reading the actual language of the law is an important part of legal research. But since laws are usually written in legal jargon, it can be equally important to read an overview of the law in plain English. The table below provides an overview of disorderly conduct laws in Indiana as well as links to relevant statutes.
Disorderly conduct occurs when a person knowingly, intentionally, or recklessly:
- Engages in fighting or tumultuous conduct*;
- Makes unreasonable noise and doesn't stop after being asked to do so; or
- Disrupts a lawful assembly.
*Conduct is tumultuous if it's likely to result in serious bodily injury or substantial damage to property.
Public intoxication is a crime if the intoxicated person:
- Endangers their own life;
- Endangers another person's life;
- Breaches the peace or is in imminent danger of breaching the peace; or
- Harasses, annoys, or alarms another person.
Disorderly conduct is generally a Class B misdemeanor. However, it becomes a Level 6 felony if the conduct occurs:
- In an airport or on an airport's premises (i.e. parking area or aircraft hangar) and affects airport security.
- Within 500 feet of a burial, funeral procession*, funeral, memorial service, or viewing and it affects the burial, funeral procession, funeral, memorial service, or viewing.
Public intoxication is a Class B misdemeanor.
*The offender must know that a funeral procession is taking place for this to apply.
A Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to $1,000.
A Level 6 felony is punishable by imprisonment for six months to two and a half years and a fine of up to $10,000.
Note: 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.
Indiana Disorderly Conduct Law: Related Resources
Please click on the links below for more information and resources related to this topic.
Arrested for Disorderly Conduct in Indiana? Talk to an Attorney
Disorderly conduct in Indiana can include fighting, public intoxication, and more. If you've been arrested for violating Indiana disorderly conduct laws, it's a good idea to contact a skilled local criminal defense attorney who will look at the facts in your case and help you make a game plan going forward so you can achieve the best possible outcome.