Disorderly Conduct

In North Dakota, you can be charged with disorderly conduct if you are alleged to have done one of the following with intent to harass, annoy, or alarm another person or in reckless disregard of the fact that another person is harassed, annoyed, or alarmed by the individual’s behavior.

• Engage in fighting or in violent, tumultuous, or threatening behavior.
• Make unreasonable noise.
• If, in a public place, you use abusive or obscene language, or knowingly expose your penis, vulva, or anus.
• If, in a public place, you make an obscene gesture.
• Persistently follow a person in or about a public place or places.
• If, while loitering in a public place for soliciting sexual contact, you solicit such contact.
• Create a hazardous, physically offensive, or alarming condition by any act that serves no legitimate purpose.
• Engage in harassing conduct by means of intrusive or unwanted acts, words, or gestures
• If you use a fixed optical device that enhances or records a visual occurrence to view through any window of another person’s property or use a surveillance camera to capture an
• If you use a fixed optical device that enhances or records a visual occurrence to view through any window of another person’s property or use a surveillance camera to capture an image from the dwelling or accessory structure of another person; however, an individual using a surveillance camera has seven (7) days from notice by a law enforcement officer to direct or shield the camera so as to not capture an image from another person’s dwelling or accessory structure before there is an offense.

Additionally, you can be charged with disorderly conduct at a funeral if you engage in, with knowledge of the existence of a funeral site, in any loud singing, playing music, chanting, whistling, yelling, or noise-making within 1,000 feet of any entrance or exit of a funeral site if the volume of the noise is likely to be audible at and disturbing to the funeral site. Additionally, if you display, with knowledge of the existence of a funeral site, within 1,000 feet of any entry or exit of a funeral site, any visual images that convey fighting words or actual or veiled threats against any other individual.

Disorderly conduct is considered a Class B Misdemeanor in North Dakota. What that means is, if you are convicted you will face a possible maximum fine of $1,500, 30 days in jail, or both. Additionally, if it is alleged that you have committed disorderly conduct at a funeral, and you have been previously convicted of that same charge, you will be charged with a Class A Misdemeanor. Class A Misdemeanors can result in a possible maximum fine of $3,000, one year in jail, or both.

However, fines and imprisonment are not the only possible consequences if you are convicted of disorderly conduct. Any alleged victim in your matter may also file for a disorderly conduct restraining order, which would require you to potentially cease contact with that individual, stop the type of behavior that had been alleged to have occurred, or possibly other additional requirements.

Contact SW&L Attorneys Today

Disorderly conduct is a crime that, if convicted of, can have serious consequences. By contacting SW&L Attorneys, you can rest assured that we will investigate and utilize the best possible defense in each individual case. We represent clients throughout North Dakota with disorderly conduct-related charges. Call us today for a free initial consultation at 701-297-2890.