DISORDERLY CONDUCT
The defendant is charged with disorderly conduct. In order to prove
the defendant guilty of this offense, the Commonwealth must prove three
things beyond a reasonable doubt:
First: The Commonwealth must prove that the defendant involved
himself (herself) in at least one of the following actions: he (she) either
engaged in fighting or threatening, or engaged in violent or tumultuous
behavior or created a hazardous or physically offensive condition by an act
that served no legitimate purpose of the defendant’s;
Second: The Commonwealth must prove beyond a reasonable doubt
that the defendant’s actions were reasonably likely to affect the public; and
Third: The Commonwealth must prove beyond a reasonable doubt
that the defendant either intended to cause public inconvenience,
annoyance or alarm, or recklessly created a risk of public inconvenience,
annoyance or alarm.
Our disorderly conduct law seeks to
control intentional conduct which tends to disturb the public
tranquility, or to alarm or provoke others. It prohibits four
separate and distinct acts: It forbids conduct that involves the
use of force or violence. It also prohibits making threats that
involve the immediate use of force or violence. It forbids
tumultuous and highly agitated behavior, which may not involve
physical violence, but which causes riotous commotion and
excessively unreasonable noise, and so constitutes a public
nuisance. Finally, the law prohibits any conduct that creates a
hazard to public safety or a physically offensive condition by an
act that serves no legitimate purpose of the defendant’s.
For the defendant to be found guilty, his (her)
actions must have been reasonably likely to affect the public,
that is, persons in a place to which the public or a substantial
group has access.
A person acts recklessly when he
consciously ignores, or is indifferent to, the probable outcome of
his actions. The defendant was reckless if he (she) knew, or
must have known, that such actions would create a substantial
and unjustifiable risk of public inconvenience, annoyance or
alarm, but he (she) chose, nevertheless, to run the risk and go
ahead.