Criminal defense across Denton County and Collin County

Disorderly Conduct

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Disorderly Conduct”, as per § 42.01 of the Texas Penal Code, occurs when a person intentionally or knowingly:

1. uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

2. makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

3. creates, by chemical means, a noxious and unreasonable odor in a public place;

4. abuses or threatens a person in a public place in an obviously offensive manner;

5. makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

6. fights with another in a public place;

7. discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;

8. displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

9. discharges a firearm on or across a public road;

10. exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

11. for a lewd or unlawful purpose:

enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or

while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

An offense under this section is a Class C misdemeanor, unless an actor commits an offense under 7) or 8), in which event it is a Class B misdemeanor.