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Disorderly Conduct

ScottyT

Regular Member
Joined
Apr 7, 2008
Messages
800
Location
Salt Lake City, Utah, USA
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Can someone point me to where I can read specific language for a Utah state or Salt Lake County disorderly conduct laws? Can cities and counties make their own? I can't seem to find it (but then again, my work filters sometimes make it hard to find anything).
 

Liko81

Founder's Club Member
Joined
Dec 26, 2007
Messages
496
Location
Dallas, TX, ,
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And for the lazy guys who don't like clicking links:
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
OK, so technically:

- if a cop stops me on the street in Utah and tells me to take my gun somewhere else because it'salarming people, and I ignore him, that's disorderly conduct? I have refused to comply with an order of a police officer to move along; whether that's lawful depends on the judge and the day.

- If anyone else tells me my gun is scaring them and that I should put it out of sight, and I tell them tough ****, that's disorderly conduct? I have continued to present a reckless risk of public alarm after a request to desist.

- If I raise my voice at anyone while OCing in public, that's disorderly conduct? I have recklessly engaged in tumultuous behavior causing public alarm.
 

ScottyT

Regular Member
Joined
Apr 7, 2008
Messages
800
Location
Salt Lake City, Utah, USA
imported post

Liko81 wrote:
And for the lazy guys who don't like clicking links:
76-9-102. Disorderly conduct.
(1) A person is guilty of disorderly conduct if:
(a) he refuses to comply with the lawful order of the police to move from a public place, or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or
(b) intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
(i) engages in fighting or in violent, tumultuous, or threatening behavior;
(ii) makes unreasonable noises in a public place;
(iii) makes unreasonable noises in a private place which can be heard in a public place; or
(iv) obstructs vehicular or pedestrian traffic.
(2) "Public place," for the purpose of this section, means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
(3) Disorderly conduct is a class C misdemeanor if the offense continues after a request by a person to desist. Otherwise it is an infraction.
OK, so technically:

- if a cop stops me on the street in Utah and tells me to take my gun somewhere else because it'salarming people, and I ignore him, that's disorderly conduct? I have refused to comply with an order of a police officer to move along; whether that's lawful depends on the judge and the day.

The law states "lawful order" of police to move along. He can't just tell you to leave a public street, he must have a specific reason to do so. OCing is not sufficient reason unless inside a private business and owner/employee asks you to leave.

- If anyone else tells me my gun is scaring them and that I should put it out of sight, and I tell them tough ****, that's disorderly conduct? I have continued to present a reckless risk of public alarm after a request to desist.

They can only request you to desist if you are doing any of the action described, OCing is not Disorderly Conduct, so they can't tell you to stop being disorderly when you are not, even if they think you are.

- If I raise my voice at anyone while OCing in public, that's disorderly conduct? I have recklessly engaged in tumultuous behavior causing public alarm.

While you of course want to keep a cool head at all times, whether you are OC or CC, this is one that I could see a cop arresting you for. "man with gun" = tough s***, "man with gun, yelling at someone" = arrest
 
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