Created by FindLaw's team of legal writers and editors | Last reviewed January 17, 2018
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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. These violations go beyond mere annoyance and truly violate the community's sense of peace and tranquility.
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. 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.
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 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.
The chart below provides a summary of state laws related to disturbing the peace laws in New York, including links to important code sections.
Statutes and Elements of the Violation |
Penal Law Section 240.20 (Disorderly Conduct) A person is guilty of disorderly conduct when engaging in the following:
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Penalties and Sentencing
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Possible Defenses |
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Related Offenses |
Penal Law Section 240.40 (Public Intoxication) Penal Law Section 245.00 (Public Lewdness) Penal Law Section 240.35 (Loitering) |
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.
Although violating New York's disturbing the peace laws will not result in incarceration, you should still take it seriously if you are facing charges. Consider talking to an experienced criminal defense attorney in the state of New York who can help you decide how to proceed with your case.
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