What Is Considered Disorderly Conduct Under Illinois State Laws?
Disorderly conduct requires two elements. One is that you have to alarm and disturb someone. Secondly, you have to cause a breach of the peace. For example, I currently have clients who lit a tent on fire at a country music festival. It was their own tent, so they could not charge them with criminal damage to property since it was only damaging their own property. However, they did something that was alarming and disturbing and it did cause a breach of the peace, as someone was distressed enough to call the fire department.
Actions that seem like small things can actually be disorderly conduct. If you pull a fire alarm falsely, that can even be a felony charge in Illinois. It has much more severe consequences, including up to three years in prison. You can be charged with disorderly conduct for filing a false police report. There are different kinds of disorderly conduct charges, from class C misdemeanors to class A misdemeanors, to class IV felonies. Also, conduct taking place in a public way can aggravate the criminal charge.
How Do They Determine What Is Considered A Public Place?
A public place is generally defined as any place that is open to the public. If it is in the public, it is crime; if it is in your private house, then that is different. Let’s say you performed conduct of an insulting or provoking nature. Perhaps you shove someone, but you do not hurt them. If you did that on a public sidewalk, it is considered an aggravated battery, which is a class III felony. It is all up to the discretion of the prosecutor. They could charge you with disorderly conduct, a regular battery, or aggravated battery and you could be sentenced to anything from probation to prison time.
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