Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Disorderly Conduct

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.

Severity of Crime

Misdemeanor c

  • Fine not to exceed $500

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days

  • Fine not to exceed $2,000

  • Both such fine and confinement