Tennessee Criminal Lawyer Blog

A New Zealand teen recently provided a perfect example of why disorderly conduct is considered a criminal offense. The teen, apparently under the influence of alcohol, decided that it might be fun to stand in the median of a four-lane highway and expose herself to drivers that passed. While this may seem like a plan that could not possibly go wrong, the prank turned a little less funny for the teen after she was hit by a driver who was distracted by her exhibition as she was trying to cross the road. The police inspector assigned to the case told the press that the girl was extremely lucky that the driver who hit her had slowed down because of her behavior. Although the girl rolled up onto the hood of the car and cracked the car’s windshield, she suffered only minor injuries. She was charged with disorderly behavior for her efforts. The personal injury consequences of her conduct are discussed on our injury law blog: http://www.tennesseeinjurylawyerblog.com.

The teen’s actions would constitute disorderly conduct in Tennessee. A person can be charged with disorderly conduct in this state any time they, in a public place and with intent to cause public annoyance or alarm, create a hazardous or physically offensive condition by any act that serves no legitimate purpose. Clearly the teen was in a public place and intended to cause a public annoyance when she was standing beside the road flashing passersby. The act’s hazardous effect is made obvious by the fact that the teen’s conduct sufficiently distracted a nearby driver to the point that he hit the teen with his car. The act also seems to have served no legitimate purpose, as it is hardly a legitimate purpose to prank passing motorists by showing them one’s private parts. Thus, the teen would more than likely be found guilty of disorderly conduct in Tennessee. Disorderly conduct is a Class C misdemeanor, punishable by up to thirty days in jail and a fine of $50.

Source: http://www.denverpost.com/watercooler/ci_14010425

A Milwaukee teacher is looking at a disorderly conduct charge after she cut off one of her student’s braids because the student would not stop playing with it in class. Apparently the teacher asked the student to stop playing with her hair and when the student did not stop doing so, the teacher used a pair of classroom scissors to cut off the hair. The teacher told the girl’s angry mother that she did it because she was frustrated. After the teacher cut off the hair, the girl apparently returned to her desk crying while the other students laughed at her and ridiculed her. The mother, naturally, was incensed at the teacher’s conduct and confronted the teacher and the school system about the teacher’s actions. Thus far, the teacher has been allowed to remain on staff, but the girl has been moved to a different classroom. The district attorney declined to file more serious charges, but the police issued the teacher a $175 ticket for disorderly conduct.

In Tennessee, the teacher could definitely be charged with disorderly conduct but could also be charged with assault. Disorderly conduct is chargeable any time a person creates, with the intent to cause public annoyance and alarm, a hazardous or physically offensive condition that serves no legitimate purpose. Clearly, the teacher’s act of cutting off the girl’s braid would be considered physically offensive and venting one’s frustrations is not usually a legitimate purpose. Disorderly conduct is a Class C misdemeanor, punishable by up to thirty days in jail and a fifty dollar fine in Tennessee.

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Commenting on the possible cause of the current hostile fervor surrounding healthcare in America, Senator Arlen Specter stated, "I think there is a mood in America of anger with so many people unemployed, with so much bickering in Washington ... with the fear of losing their health care. It all boils over."

Protest, demonstrations and town hall disruptions can be seen everywhere, across the nation and right here in East Tennessee. While many have been and may likely be charged with loitering and disorderly conduct, others may also be charged with the more serious crimes of rioting. This blog entry lays out some of the basic elements of riot crimes in Tennessee. If charged with such a crime, you should contact an experienced Sevierville criminal defense attorney immediately.

Under Tennessee law, a riot means “a disturbance in a public place…involving an assemblage of three or more persons which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function.”

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Exercise of the First Amendment right of free speech is alive and well in the state of Tennessee. Recently, residents from Bristol and surrounding areas of East Tennessee came out to protest President Obama’s healthcare initiative outside a Kroger supermarket. From all reports, no arrests were made during the protest.

The same cannot be said about a demonstration that occurred on March 14 in front of the Tennessee Valley Authority headquarters, located near Market Square. During the protest, local residents, students and out-of-state activists demonstrated against mountaintop removal coal mining and the recent coal ash disaster affecting the residents of Harriman, Tennessee in Roane County.

After marching through downtown, some participants decided to stage a “die in” by falling to the sidewalk, symbolizing what they believed to be the deaths caused by the coal industry. Within a few minutes, law enforcement informed the participants that they were blocking a sidewalk and needed to leave. When they refused, they were arrested and charged with “loitering.”

Loitering is perhaps the most common offense charged during a protest or demonstration. In Tennessee, loitering falls under the general crime of disorderly conduct. In the protest context, you can (lawfully) be arrested for 1) refusing to obey an officer’s order to disperse so long as the order is issued to maintain public safety during an emergency situation, 2) creating a hazardous or physically offensive condition by an act that serves no legitimate purpose, or 3) making an unreasonable noise that prevents others from carrying on lawful activities.

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Contributing to the delinquency of a person under the age of 18 is a crime in Tennessee and is punishable by up to a year in jail and/or a $2,500 fine. Additionally, if vandalism is involved, the defendant may be responsible for the costs of repair and restoration.

To be found guilty of the crime, the state must prove that the defendant contributed to or encouraged delinquency, a delinquent act, or unruly behavior of a child. A delinquent act is conduct that amounts to a crime under state law, federal law, or local ordinance. On the other hand, unruly behavior consists of habitual truancy, disobedience to parents, commission of crimes only applicable to children (such as underage drinking), and running away from home.

Examples of contributing to the delinquency of a minor include encouraging or enabling a child to:

• Watch sexually explicit materials (pornography);


• Smoke cigarettes or otherwise use tobacco products;


• Drink alcohol;


• Sell or use controlled substances like marijuana, ecstasy, LSD, and prescription drugs;


• Skip school; and


• Theft.

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Disorderly conduct is a Class C misdemeanor in the state of Tennessee and is a kind of “catch-all” charge for minor offenses involving some kind of alleged unruly or upsetting behavior that provokes a disturbance.

All too often, disorderly conduct stems from a police officer giving someone a hard time until they lose control. Indeed, this is the exact allegation of colleagues of Henry Louis Gates Jr. who was arrested for disorderly conduct in his home in Cambridge, Massachusetts, after a neighbor reported seeing Mr. Gates breaking into his own home. Reportedly, Mr. Gates believed he was shocked when police continued to question him after he showed them his Harvard faculty ID. According to the police, Mr. Gates got angry, followed them out of the house, and accused them of being racists. According to some views of the incident, the police officers acted in retaliation by arresting Mr. Gates for disorderly conduct.

Examples of disorderly conduct in Tennessee include:

• Fighting,


• Violent or threatening behavior,


• Refusal to obey official order during an emergency situation,


• Creating a hazard (e.g., obstructing traffic), or


• Creating an offensive condition (e.g., using extremely offensive or abusive language targeted at a police officer).

As you can see, a wide range of behaviors can fall under the rubric of disorderly conduct. Likewise, many have been arrested without legitimate reason or without proper cause.

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