re: disorderly conduct definition?

[shefearsnothing]

Ok, does anyone know if this is the FULL and CORRECT definition as defined for Pa? Are there varying definitions depending on where you live in the state or is it just this is how it is for the state. PERIOD. END OF STORY.??? Someone was trying to tell me sort of a different definition today...like that if a number of people are "disturbed by your behavior" that it could be considered disorderly conduct and I don't get that from this definition...(yeah we were talking about OC)


Disorderly conduct - 18 Pa. Cons. Stat. § 5503


Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, with intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or
tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture;
or
(4) creates a hazardous or physically offensive
condition by any act which serves no legitimate purpose of
the actor.
(b) Grading.--An offense under this section is a misdemeanor
of the third degree if the intent of the actor is to cause
substantial harm or serious inconvenience, or if he persists in
disorderly conduct after reasonable warning or request to
desist. Otherwise disorderly conduct is a summary offense.
(c) Definition.--As used in this section the word "public"
means affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons,
apartment houses, places of business or amusement, any
neighborhood, or any premises which are open to the public.

TIA.

[RandomTask]

No, I think this is the law;

Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, after investigation, the officer cannot find that an actual offense has occurred, and the officer still has some sort of "problem" with the suspect.
The officer may then legislate his opinion and use Disorderly Conduct as a bullshit catch-all, fishing expedition charge in order to "teach the suspect a lesson."

[soberbyker]

No, I think this is the law;

Disorderly conduct.
(a) Offense defined.--A person is guilty of disorderly
conduct if, after investigation, the officer cannot find that an actual offense has occurred, and the officer still has some sort of "problem" with the suspect.
The officer may then legislate his opinion and use Disorderly Conduct as a bullshit catch-all, fishing expedition charge in order to "teach the suspect a lesson."

Unfortunately that's true .....

[shefearsnothing]

Ok, I hear what you're SAYING but....TECHNICALLY...the law is as I posted it, no? So if I am OC and not committing anything listed in that definition then I can fight that and say ummm....show me WHERE I was doing ANY of THESE things....

[Xringshooter]

Yes, absolutely. Also, the Gun Rights pamphlet (Advisory Note under DC) talks about Commonwealth vs. Ortiz and Commonwealth vs. Hawkins, you might want to get and read the whole suit to see exactly what was said.

[tl_3237]

Ok, I hear what you're SAYING but....TECHNICALLY...the law is as I posted it, no? So if I am OC and not committing anything listed in that definition then I can fight that and say ummm....show me WHERE I was doing ANY of THESE things....

I agree you could fight the charge on that basis and win. Unfortunately it will cost your time and $$ to get vindicated. Unless you can prove malicious abuse of process by the charging party, your $$ are totally uncompensated.

[policemedic]

OC does not constitute disorderly conduct. Tell anyone who says it does to come see me and I'll have a come to Jesus session with them.