What is disorderly conduct in Minnesota?
Disorderly conduct in Minnesota is a criminal charge often used to address behavior deemed disruptive or offensive. Under Minnesota Statute 609.72, disorderly conduct encompasses various acts, including:
- Engaging in brawling or fighting
- Disturbing a lawful assembly or meeting
- Being unreasonably boisterous or noisy, especially in public settings
- Engaging in offensive, obscene, or abusive language that incites anger, alarm, or violence
Importantly, disorderly conduct can occur on public or private property, which means actions in your own home, workplace, or at a private gathering can lead to charges if the behavior affects others.
Disorderly conduct might look like:
- A heated argument in a restaurant that escalates into shouting and disturbs other diners.
- Playing excessively loud music at 2 a.m. that disrupts neighbors’ sleep.
- Publicly using abusive language toward someone in a way that incites them to respond with aggression.
Related crimes
Trespassing (Minn. Stat. 609.605): This crime involves unlawfully entering or remaining on another’s property. Unlike disorderly conduct, it’s focused on where you are rather than your behavior. However, trespassing paired with disruptive actions could result in both charges.
Harassment (Minn. Stat. 609.749): This crime is more targeted and involves a pattern of behavior intended to intimidate or distress another person. Harassment is generally treated more seriously than a single incident of disorderly conduct.
Rioting (Minn. Stat. 609.71): This is a more severe charge that involves participating in a group engaging in violent or destructive behavior.
Terroristic Threats (Minn. Stat. 609.713): Making threats of violence with the intent to terrorize others is a felony in Minnesota and is significantly more severe than a disorderly conduct charge.
Public Intoxication: In Minnesota, public intoxication isn’t a crime, but behaviors resulting from intoxication (e.g., loud shouting or fighting) can lead to disorderly conduct charges.
What about freedom of speech?
The First Amendment protects free speech, but it doesn’t extend to “fighting words”—language that by its very utterance provokes immediate violence or breaches the peace. The Minnesota Supreme Court has clarified that disorderly conduct charges cannot be based solely on speech unless it qualifies as fighting words or directly incites violence.
In State v. Hensel (2017), the Minnesota Supreme Court ruled that a portion of the state's disorderly conduct statute, specifically the part prohibiting "disturbing" assemblies or meetings, was unconstitutional under the First Amendment, as it was deemed too broad and could potentially stifle protected speech; this decision stemmed from a case where Robin Hensel was charged with disorderly conduct for actions she took during a city council meeting.
Fighting words are statements so inflammatory that they are likely to provoke immediate physical retaliation. For example, shouting a slur or threatening harm in a heated public confrontation could fall under this category.
This means that sarcasm, jokes, or hyperbolic speech aren't considered fighting words. Fighting words must provoke immediate violence.
Penalties for disorderly conduct
Disorderly conduct is typically a misdemeanor, punishable by
- Up to 90 days in jail, and/or
- Fines of up to $1,000.
However, penalties can escalate significantly with aggravating factors such as:
- Repeat Offenses: Multiple convictions signal a pattern of behavior, prompting harsher sentences.
- Vulnerable Individuals: Actions targeting or involving children, elderly individuals, or persons with disabilities are viewed more seriously.
- Sensitive Locations: Behaviors occurring near schools, places of worship, or care facilities are considered more disruptive and may lead to increased penalties.
Each case is unique, and understanding these factors is critical to building an effective defense.
How to defend against disorderly conduct charges
Your attorney will help you build a defense based on the unique facts of your case. Possible defenses may include:
- Free Speech: If your actions were purely verbal and protected under the First Amendment, your charges might be dismissed.
- Medical or Neurological Conditions: Behaviors caused by a diagnosed condition (e.g., Tourette’s syndrome or seizures) may not qualify as disorderly conduct.
- Self-Defense: If actions occurred in response to an imminent threat, this could be treated as self-defense.
- Lack of Evidence: Weak or insufficient evidence from witnesses or video footage can result in dropped charges.
Mental Health Defense
Certain mental health conditions, such as PTSD, bipolar disorder, or panic attacks, can cause behaviors that may be misinterpreted as disorderly conduct. Courts in Minnesota have considered these factors in determining intent and culpability. For example:
- PTSD: A veteran experiencing a flashback may react loudly or aggressively, but the behavior could be mitigated by showing it was unintentional.
- Bipolar Disorder: Manic episodes can lead to impulsive or disruptive actions.
To prove that a mental health condition caused your behavior, you’ll need medical records or a statement from a licensed healthcare provider diagnosing your condition. Witnesses who observed your symptoms during the incident may also be helpful.
What if I didn’t cause the situation?
If someone else instigated the situation, it might strengthen your defense. Your lawyer can argue that your response was reasonable or that you acted in self-defense. Documentation or witness statements supporting your claim will be critical.
What to do next
If you’ve been charged with disorderly conduct in Minnesota, stay calm. Do not argue with or resist the police, as this could lead to additional charges. Politely invoke your right to remain silent and request an attorney. Avoid making statements about the incident, as anything you say can be used against you later.
Your next step is to educate yourself about your charges — and by reading this blog post, you’re already well on your way to doing that.
Then, before doing anything else, you’ll want to schedule a free consultation with an attorney who can thoroughly evaluate your case and develop the best strategy to protect your rights. You should contact a lawyer as soon as possible, even if your charges haven’t been formally filed. A lawyer can help you understand your situation, protect your rights, and potentially prevent charges from being pursued.
Checklist for Evidence Collection
Building a strong defense begins with gathering evidence. Use this checklist to document your version of events:
- Write Down Your Recollection: Record everything you remember about the incident, including dates, times, locations, and actions leading up to the charge.
- Preserve Video Footage: Check for and save any security camera or cell phone footage from the incident.
- Save Text Messages and Emails: Preserve any digital communication that provides context, such as conversations before or after the incident.
- Identify Witnesses: Make a list of anyone who was present and may be willing to testify on your behalf.
- Take Photos: Capture images of the location, any property damage, or physical injuries to establish the setting.
- Keep Police Reports: Request a copy of the police report for your case to understand the charges against you.
Why hire a private attorney
Hiring an experienced private attorney can make a significant difference in your case. Unlike public defenders who often juggle many cases, a private lawyer can:
- Dedicate time to your defense: Personalized attention ensures no detail is overlooked.
- Negotiate with prosecutors: By identifying weaknesses in the prosecution’s case, your charges can get reduced or even dismissed.
- Protect your future: Avoiding a conviction can save you from collateral consequences like employment issues or housing denials.
A conviction for disorderly conduct can have lasting repercussions beyond fines and jail time.
- Certain professions, like healthcare, education, real estate, or childcare, may revoke or deny licenses.
- Non-citizens may face challenges with visa renewals or green card applications.
- While misdemeanors typically don’t impact firearm rights, certain circumstances may still trigger restrictions.
Dismissals and reductions are not uncommon, especially for first-time offenders or when the prosecution’s evidence is weak. Investing in the right legal representation is critical to avoiding long-term repercussions — and it’s your best chance at getting your charges reduced or dismissed.
What if I’ve already been convicted of disorderly conduct?
If you’ve already been convicted, expungement may help you clear your record. Minnesota law allows expungement for misdemeanors like disorderly conduct if:
- At least two years have passed since completing your sentence.
- You have no new charges or convictions.
The expungement process involves filing a petition with the court, providing evidence of rehabilitation, and demonstrating why clearing your record is in the public’s best interest.
It’s important to know that expungement doesn’t happen automatically. Records do not disappear after a certain time; expungement requires filing a petition.
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Disorderly conduct may seem like a minor charge, but the consequences can be significant. By understanding your rights and working with an experienced attorney, you can navigate the legal process confidently and achieve the best possible outcome. To learn more or schedule a free consultation, contact us today.