Penal Code · §42.01

Disorderly Conduct

Elements

  • Intentionally or knowingly
  • Engages in any of the enumerated conduct under §42.01(a): uses abusive/indecent/profane/vulgar language in public that incites breach of peace; makes offensive gesture in public that incites breach of peace; creates noxious/foul odor in public; abuses/threatens person in public in a manner likely to incite immediate breach of peace; makes unreasonable noise in public or near a private residence; fights with another in a public place; discharges a firearm in a public place (other than public road or rural setting); displays a firearm in a public place in a manner calculated to alarm; exposes anus or genitals in public; etc.

Penalty

Class C misdemeanor base — fine up to $500 (§12.23). Class B misdemeanor for: discharge of firearm in public; display of firearm in public to alarm; reckless display of firearm in/from a vehicle (§42.01(d)).

Enhancements

Class A misdemeanor for certain conduct against family or in school zones in some sub-provisions. See §42.01(d–f) for specific elevations.

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