Many states have disorderly conduct laws that prohibit obnoxious or disruptive behavior that disturbs the peace. The definition of disorderly conduct varies from state to state. New Mexico's disorderly conduct law operates as a catch-all statute that outlaws boisterous conduct that disturbs the peace. The following chart highlights New Mexico's disorderly conduct law.
Code Section
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New Mexico Code section 30-20-1: Disorderly Conduct |
Definition of "Disorderly Conduct"
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- Engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct which tends to disturb the peace, or
- Maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person
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Penalties
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Disorderly conduct is a petty misdemeanor that is punishable by imprisonment for up to six months, and/or a fine of up to $500. |
Related Offenses
In New Mexico there are several other crimes that also disturb the peace and are closely related to disorderly conduct, but are separate distinct crimes.
Public affray: When two or more people voluntarily, or by agreement, engage in fighting or violent acts towards each other in an angry or quarrelsome manner in a public place, to the disturbance of others. Public affray is a petty misdemeanor.
Unlawful assembly: When three or more people assemble together with the intent to do an unlawful act with force or violence against the person or property of another, and who shall make any overt act to carry out such unlawful purpose. Unlawful assembly is a petty misdemeanor.
Dueling: Dueling is a fourth degree felony and is committed when any of the following occurs:
- Conveying a verbal or written message challenging another person to fight with a deadly weapon
- Accepting a challenge to fight with a deadly weapon (whether or not the duel actually takes place)
- Engaging in or fighting a duel with a deadly weapon, or
- Aiding, encouraging, or seconding either party to a duel and being present at a duel where deadly weapons are used
Additional Resources
State laws change frequently. For case specific information regarding New Mexico's disorderly conduct laws contact a local criminal defense attorney.