What is Disturbing the Peace under Oklahoma Law?

disturbing the peaceWe often think disturbing the peace and disorderly conduct arises from intoxication.

While intoxication often leads to loud and boisterous conduct, disorderly conduct and disturbing the peace can arise from a number of different situations in Tulsa, Oklahoma.

The gravamen of the crime is based on the fact that the conduct or noise disturbs the peace of those around you.

Disturbing the Peace Defined

Oklahoma law defines disorderly conduct and disturbing the peace as:

  • the willful or malicious disturbing of the peace and quiet of any person, neighborhood, town, or city by loud or unusual noise;
  • the use of abusive, obscene, or violent language;
  • making threats of bodily injury, death, or the destruction of property;
  • arguing or fighting;
  • shooting off firearms; or
  • running a horse at unusual speed down public roadways.

Okla. Stat. tit. 21 § 1362

This is a misdemeanor crime. It is punishable by a fine of up to $100, or up to 30 days in the county jail, or both.

Disturbing the peace can occur at night or during the day. Couples whose fighting is keeping neighbors up at night or loud parties or loud music that continues for long periods of time are clear examples of disturbing the peace.

However, even something such as practicing music that may be welcome during the daytime may be unwelcome at midnight.

Gross Disturbance of the Peace

Any person who willfully or maliciously commits an act which grossly injures another person or their property, or which grossly disturbs the public peace or health, or which openly outrages public decency—such as public urination—can be found guilty of a misdemeanor. Okla. Stat. tit. 21 § 22

Gross disturbance of the peace is punishable by up to a year in the county jail, or a fine of up to $500, or both.

Disturbance of a Religious Meeting

Oklahoma also protects its religious communities from disturbance. It is against the law to speak profanely, commit any rude or indecent act, or make any unnecessary noise within the place where a religious meeting is held or close enough to it to cause a disturbance. Okla. Stat. tit. 21 § 916

This could include political rallies near places of worship. It could also include marches against particular religions and sects that disturb their peace.

While disorderly conduct and disturbing the peace crimes are misdemeanors, even a misdemeanor can land you in jail. Any time you face jail time is a good time to call an experienced Tulsa criminal defense lawyer.

Free Consultation with a Tulsa Lawyer

We are here to help. If you would like a free consultation with a Tulsa, Oklahoma lawyer, call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452).

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