what is the definition of disturbing the peace in a public place?
Full Question:
I have been charged with three counts of different misdemeanors. I was at a rock concert and tried to get back into the concert hall after smoking a cigarette. I have been charged with interference (disobeying a lawful order), disturbing the peace and trespassing. My question is simply, what is the definition of disturbing the peace in a public place? What constitutes it? Secondly, what are the grounds for interference (disobeying a direct order)?
05/11/2009 |
Category: Criminal |
State: Colorado |
#16643
Answer:
The following are CO statutes:
18-9-106. Disorderly conduct.
(1) A person commits disorderly conduct if he or she intentionally,
knowingly, or recklessly:
(a) Makes a coarse and obviously offensive utterance, gesture, or display
in a public place and the utterance, gesture, or display tends to incite an
immediate breach of the peace; or
(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
(c) Makes unreasonable noise in a public place or near a private residence
that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or
professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place
except when engaged in lawful target practice or hunting; or
(f) Not being a peace officer, displays a deadly weapon, displays any
article used or fashioned in a manner to cause a person to reasonably
believe that the article is a deadly weapon, or represents verbally or
otherwise that he or she is armed with a deadly weapon in a public place in
a manner calculated to alarm.
(2) Repealed.
(3)
(a) An offense under paragraph (a) or (c) of subsection (1) of this
section is a class 1 petty offense; except that, if the offense is
committed with intent to disrupt, impair, or interfere with a funeral, or
with intent to cause severe emotional distress to a person attending a
funeral, it is a class 2 misdemeanor.
(b) An offense under paragraph (d) of subsection (1) of this section is a
class 3 misdemeanor.
(c) An offense under paragraph (e) or (f) of subsection (1) of this
section is a class 2 misdemeanor.
18-9-110. Public buildings — trespass, interference — penalty.
(1) No person shall so conduct himself at or in any public building
owned, operated, or controlled by the state, or any of the political
subdivisions of the state or at any building owned, operated, or
controlled by the federal government as to willfully deny to any public
official, public employee, or invitee on such premises the lawful rights
of such official, employee, or invitee to enter, to use the facilities
of, or to leave any such public building.
(2) No person shall, at or in any such public building, willfully impede
any public official or employee in the lawful performance of duties or
activities through the use of restraint, abduction, coercion, or
intimidation or by force and violence or threat thereof.
(3) No person shall willfully refuse or fail to leave any such public
building upon being requested to do so by the chief administrative officer
or his designee charged with maintaining order in such public building, if
the person has committed, is committing, threatens to commit, or incites
others to commit any act which did, or would if completed, disrupt, impair,
interfere with, or obstruct the lawful missions, processes, procedures, or
functions being carried on in the public building.
(4) No person shall, at any meeting or session conducted by any judicial,
legislative, or administrative body or official at or in any public
building, willfully impede, disrupt, or hinder the normal proceedings of
such meeting or session by any act of intrusion into the chamber or other
areas designated for the use of the body or official conducting the meeting
or session or by any act designed to intimidate, coerce, or hinder any
member of such body or official engaged in the performance of duties at
such meeting or session.
(5) No person shall, by any act of intrusion into the chamber or other
areas designated for the use of any executive body or official at or in
any public building, willfully impede, disrupt, or hinder the normal
proceedings of such body or official.
(6) No person, alone or in concert with another, shall picket inside any
building in which the chambers, galleries, or offices of the general
assembly, or either house thereof, are located, or in which the legislative
office of any member of the general assembly is located, or in which a
legislative hearing or meeting is being or is to be conducted.
(7) The term "public building", as used in this section, includes any
premises being temporarily used by a public officer or employee in the
discharge of his official duties.
(8) Any person who violates any of the provisions of this section commits
a class 2 misdemeanor.
18-9-119. Failure or refusal to leave premises or property upon request
of a peace officer — penalties — payment of costs.
(1) The general assembly hereby finds and declares that any individual who
violates any provision of this section presents a significant threat to
life and property in this state; that such violations require the use of
highly trained personnel and sophisticated equipment; and that any such
individual, if guilty, shall be convicted of committing a crime and be
required to pay for any extraordinary expenses which are a result of said
violation.
(2) Any person who barricades or refuses police entry to any premises or
property through use of or threatened use of force and who knowingly
refuses or fails to leave any premises or property upon being requested to
do so by a peace officer who has probable cause to believe a crime is
occurring and that such person constitutes a danger to himself or others
commits a class 3 misdemeanor.
(3) Any person who violates subsection (2) of this section and who, in the
same criminal episode, knowingly holds another person hostage or who
confines or detains such other person without his consent, without proper
legal authority, and without the use of a deadly weapon commits a class 2
misdemeanor.
(4) Any person who violates subsection (2) or (3) of this section and who,
in the same criminal episode, recklessly or knowingly causes a peace
officer to believe that he possesses a deadly weapon commits a class 1
misdemeanor.
(5) Any person who violates subsection (2) of this section and who, in the
same criminal episode, knowingly holds another person hostage or who
confines or detains such other person through the possession, use, or
threatened use of a deadly weapon, without the other person's consent, and
without proper legal authority commits a class 4 felony.
(6)
(a) Any person convicted of a violation of this section or any person
who enters a plea of guilty or nolo contendere to a violation of this
section or is placed on deferred judgment and sentence for a violation of
this section shall be responsible for the payment of up to a maximum of two
thousand dollars for any extraordinary expenses incurred by a law
enforcement agency as a result of such violation.
(b) As used in paragraph (a) of this subsection (6), "extraordinary
expenses" means any cost relating to a violation of the provisions of this
section, including, but not limited to, overtime wages for officers and
operating expenses of any equipment utilized as a result of such violation
or any damage to property occurring as a result of any violation of this
section.
(7) Any person who violates subsection (2) of this section and who, in the
same criminal episode, knowingly holds another person hostage or confines
or detains such other person by knowingly causing such other person to
reasonably believe that he possesses a deadly weapon commits a class 5
felony.
(8) As used in this section, to "hold hostage" means to seize, imprison,
entice, detain, confine, or persuade another person to remain in any
premises or on any property during a violation of any provision of this
section in order to seek concessions from law enforcement personnel or
their representatives, or to prevent their entry to property or premises.
The term includes imprisoning, enticing, detaining, confining, or
persuading any child to remain in said premises or on said property in an
attempt to secure said concessions.