Disorderly conduct—also known as disturbing the peace—is a broad criminal offense that may be used to charge a person who is being disruptive, unruly, causing public alarm, or otherwise disturbing the peace in a public place. Conduct does not have to occur on a public street to constitute disorderly conduct under most state statutes—it can even occur on the defendant’s own property.

Some common examples of behavior that may be charged as disorderly conduct include:

• being intoxicated in public and causing a disruption or disturbance, or being unable to function in a normal way;

• using abusive, indecent, profane, or vulgar language in a public place, when the language by tends to incite an immediate breach of the peace;

• making an offensive gesture or display in a public place, when the gesture or display tends to incite an immediate breach of the peace;

• using chemicals to create a noxious and unreasonable odor in a public place;

• abusing or threatening a person in a public place in an obviously offensive manner;

• making an unreasonable noise in a public place, considering the nature and purpose of the conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances;

• fighting with another person or persons in a public place, or engages in threatening, violent behavior;

• displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm;

• exposing the anus or genitals in a public place and being reckless about whether another may be present who will be offended or alarmed by the act;

• entering on the property of another and looking into a dwelling on the property through any window or other opening in the dwelling, for a lewd or unlawful purpose;

• while on the premises of a hotel or comparable establishment, looking into a guest room not the person's own through a window or other opening in the room, for a lewd or unlawful purpose;

• while on the premises of a public place, looking into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area, for a lewd or unlawful purpose; or

• creating or maintaining a hazardous or physically offensive condition or situation.

Disorderly conduct is usually a misdemeanor or an infraction, but may be charged as a felony if it presents a serious risk to public safety. Disorderly conduct laws vary from state to state in their definitions and potential punishments, and are usually located in a state’s statutes—often in the penal or criminal code.

In Nebraska, disorderly conduct is addressed under Nebraska Revised Statute 28-1322. The law defines disorderly conduct as intentionally disturbing the peace by loud or unusual noise, by tumultuous or offensive conduct, by threatening, by using obscene or profane language in public, or by fighting. This offense is generally classified as a Class III misdemeanor, which can result in a penalty of up to three months imprisonment, a $500 fine, or both. The statute is broad and encompasses various forms of disruptive behavior, including many of the examples listed such as public intoxication, use of abusive language, making offensive gestures, and creating unreasonable noise. The law applies to behavior on both public and private property if it disturbs the peace. More serious conduct, especially involving threats or weapons, could potentially lead to more severe charges under different statutes. It's important to note that while disorderly conduct is typically a misdemeanor, the exact charges and penalties can vary based on the specific circumstances of the incident and the presence of any aggravating factors.