Disorderly conduct is a term that is used to describe crimes that are considered to be annoying or obnoxious. The behavior covered by this term generally causes some form of a public disturbance, for example, public urination or peeping into an individual’s window.
Disorderly conduct is committed in a public area and creates a threat or disturbance to other individuals. Every state has its own laws governing what specific conduct constitutes disorderly conduct.
One example would be how certain states require intent while others provide that reckless behavior without intent may result in a disorderly conduct charge. Although many disorderly conduct crimes do occur when a perpetrator is intoxicated, it is not generally a necessary element of the offense.
It is important to be aware of the actions that would constitute disorderly conduct in an individual’s specific state and what may occur if an individual is charged with this offense. The punishment for disorderly conduct will vary.
In addition, an individual may be able to remove a disorderly conduct charge from their record.
What Are Some Common Examples of Disorderly Conduct?
Numerous behaviors may qualify as disorderly conduct because it is a catch-all crime. It is common for this charge to be used when conduct does not fit into the elements of another crime.
Common examples of the types of behaviors that would typically reach the minimum standard of disorderly conduct include, but may not be limited to:
- Being loud in public while intoxicated;
- Violating noise ordinances;
- Disturbing the peace;
- Exhibiting reckless behavior in a crowded area;
- Public drunkenness;
- Any behavior that compromises public safety;
- Loitering;
- Begging in public;
- Disturbing a religious ceremony; and
- Peeping into another individual’s windows.
Some examples of conduct more obviously categorized as disorderly may constitute a more serious crime. One example of this would be how fighting may lead to charges of disorderly conduct in several states.
Fighting, however, may result in charges of assault or battery, depending on the circumstances. Disorderly conduct crimes are generally classified as misdemeanors unless the state has felony exceptions.
One example of this would be how certain states classify false fire reports or harassment at a funeral as felony disorderly conduct. In addition, crimes that do not fit into one particular criminal category may be charged as disorderly conduct.
What Is Felony Disorderly Conduct?
Examples of types of disorderly conduct cases that may result in serious felony charges include disruptive behavior that:
- Happens at an airport;
- Takes place during or near a funeral, as previously mentioned; or
- Involves a weapon, especially reckless handling of a deadly weapon such as a firearm.
One example of this would be how, if an individual is in a crowded place and discharges a firearm into the air, they can be found guilty of felony disorderly conduct. Another example would be if there were a road rage incident where a defendant waived a firearm at another driver while on the roadway.
In these cases, felony charges may result regardless of whether any individual was injured. Alternatively, if a defendant points the firearm directly at an individual intending to intimidate them, the charges against them may escalate from felony disorderly conduct to aggravated assault charges.
What Is Stalking?
Generally, stalking is classified as criminal harassment. Stalking occurs when an individual makes a credible threat against another individual and, in connection with that threat, either repeatedly communicates with the individual or the individual’s immediate family or repeatedly follows the individual around.
Stalking may also occur when an individual looks through windows or is a peeping tom. When an individual repeatedly makes obscene gestures or comments toward another individual, it may also be considered criminal harassment or stalking if done to harass the individual.
Is Stalking Always a Misdemeanor?
Stalking is commonly charged as a misdemeanor. However, it may be charged as a felony when an individual is convicted more than once or when the behavior is aggravated.
These distinctions will depend on where the stalking occurs, as the laws vary by state.
How Does Nevada Define Peeping?
In Nevada, peeping is defined as knowingly entering an individual’s premises or property with the intent to peep, spy, or peer through their:
- Window;
- Door; or
- Other openings of a structure.
The property or premises may be rented, leased, or owned by the victim or by another individual. When peeping, the perpetrator, or defendant, conceals themselves in order to spy on the victim.
What Is the Crime of Peeping While in Possession of a Deadly Weapon in Nevada?
In Nevada, the crime of peeping while in possession of a deadly weapon refers to the offense of knowingly entering on the property of another individual with the intent to peer, spy, or peep in a:
- Window;
- Door; or
- Other openings of a structure.
With this offense, the defendant is accused of peering into the premises with a deadly weapon, such as a knife or gun.
What If the Person Was in Possession of a Device that Can Record Images?
If a perpetrator was in possession of a device that can record images, that individual is still guilty of a crime that is more serious than the standard peeping offense. A defendant charged with this offense is accused of peering into a property and looking at the victim while in possession of:
- Digital camera;
- Photographic camera; or
- Video recording device.
What Is the Penalty for Peeping in Nevada?
The penalty for peeping in Nevada will depend on the severity of the case. This is the least serious misdemeanor offense because the individual is only accused of peeping.
In Nevada, the penalty for peeping may include the following:
- Six months in county jail;
- $1,000 fine; or
- A fine and jail time.
If an individual is convicted of peeping with a deadly weapon, the offense is charged as a Category B felony and is punishable by:
- One to six years in prison;
- $5,000 fine; or
- A fine and prison time.
If an individual is convicted of peeping with a recording device, it will be classified as a gross misdemeanor for a first offense. This crime is punishable by:
- One year in county jail;
- $2,000 fine; or
- A fine and jail time.
If an individual has already been convicted of peeping with a device at least one prior time, any subsequent conviction is a Category E felony. This category of felony is punishable by:
- One to four years in prison;
- $5,000 fine; or
- Both a fine and time in prison.
Contact an attorney if you have questions about any of these categories.
Do I Need an Attorney?
If you have been charged with the criminal offense of peeping, it is essential to consult with a Nevada criminal attorney in your area as soon as possible. A conviction for a peeping offense can affect many aspects of your life, including future employment and child custody issues.
Your attorney can negotiate with the prosecution to reduce the charges against you, if possible. An attorney will also allow you to negotiate with the prosecution for a plea deal if one is available. They can also keep you updated if there are any significant changes to the law that might affect your legal rights or options.
