Also known as: tumultuous behaviours · disorderly conduct · breach of the peace
Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving violent or disorderly actions that disturb public order. It serves as an element of disorderly conduct when performed with purpose to cause public inconvenience, annoyance, or alarm or with reckless disregard for that risk.
Tori Taylor burned a flag during a demonstration outside a federal building. Security officers observed her shouting loudly and gesturing aggressively toward bystanders who had gathered to watch. Her actions created immediate public alarm and prompted an arrest for disorderly conduct based on the tumultuous behavior.
Talia Torres and several companions assembled in a residential yard and ignited a cross. Residents across the street heard the group yelling threats and saw the flames, causing several to call police in fear of imminent violence. Officers cited the participants for disorderly conduct due to the tumultuous behavior in a public setting.
Select any source to read its text and confirm it supports the definition.
Theo Thomas met with two associates in a crowded bar to plan an unlawful scheme. When one participant began shouting accusations and pounding the table, nearby patrons grew alarmed and summoned security. The resulting disturbance led to charges of disorderly conduct grounded in the tumultuous behavior.
Tiana Tan and fellow demonstrators refused to leave a restaurant after being told to depart. They began yelling at staff and banging on counters, drawing a crowd of alarmed customers. Police arrested the group for disorderly conduct based on the tumultuous behavior that risked an immediate breach of the peace.
Timothy Tang posted repeated violent messages directed at a specific individual and then appeared in person repeating the threats at a public park. Witnesses reported feeling immediate fear and contacted authorities. The resulting confrontation produced a disorderly conduct charge resting on the tumultuous behavior.
Thaddeus Tran led a group of students in loud chanting and physical pushing near a school entrance during dismissal. Teachers and parents reported serious concern that the noise and shoving would spark a fight. School officials called police, resulting in a disorderly conduct citation for the tumultuous behavior.
The actor must act with purpose to cause public inconvenience, annoyance, or alarm, or recklessly create a risk of those harms. Mere loud or energetic conduct without that mental state does not qualify.
No. The element is satisfied by conduct that is violent or disorderly enough to risk disturbing public order, even if no physical altercation occurs. The focus is on the risk created rather than realized harm.
Face-to-face abusive epithets that are likely to provoke immediate violence can constitute tumultuous behavior under disorderly conduct statutes. The speech loses First Amendment protection when it falls within the narrow fighting words category.
Flag burning as political expression receives First Amendment protection absent an imminent breach of the peace. A disorderly conduct charge based solely on the communicative impact of the burning would be unconstitutional.
…scheme, in which a State denies jury trial for a crime punishable by imprisonment for longer than six months. New Jersey's disorderly conduct offense, N. J. Stat. Ann. § 2A:169-4 (1953), carries a one-year maximum sentence but no jury trial. The denial of jury trial was upheld by a 4-3 vote against state constitutional attack in…