· A division of the Nassau West Department of Justice ·
© 1989-2006 KKB Enterprises, Ltd. This website may contain language
and/or other materials unsuitable for some audiences. So there!
A.R.S. 13 - 2904; Disorderly conduct; classification:
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony.
A U.S. citizen has the right of free speech, though there are limits to that freedom. Some speech is criminal. If the words used are a criminal violation, then one can be punished under Arizona criminal law.
Inappropriate speech may violate the law in 2 ways.
One is that it could be "disorderly conduct", which is speech that is very offensive or is designed to make someone mad enough to attack you physically.
The other is that the speech could constitute "threatening and intimidating". At present, both offenses are misdemeanors.
In court, the maximum penalty is 6 months in jail plus up to $2,500.00 in fines. A person could also be placed on probation for such conduct.
When this phat lady sings,
You WILL listen!
L e g a L i n k s N e w s B r i e f s BENSON, AZ - 04/11/06 Nassau West President Kelly K. Bartram picked up his court summons this morning in Benson, AZ, from the Cochise County Sheriff's Office at the Cochise County service center.
In the complaint, Bartram was charged with seven counts of ARS 13-2904A3 - D.V./DISORDERLY CONDUCT, CLASS 1 MISD. All counts are identical in wording, with the exception of the name of the person filing the charge.
All counts indicate that there were two separate incidents, one near Third and Allen Streets, and again later near Sixth and Allen Streets in the City of Tombstone.
The exact wording is as follows: "On 2-11-06 Kelly Keith Bartram committed Disorderly Conduct against (name of complainant) by engaging in abusive or offensive language and gestures near 3rd and Allen Streets and again later near 6th and Allen Streets. The above is a violation of ARS 13-2904 A3."
Court Records
A.R.S. 13-2904 A3
NW Revised Statutes
The Tombstone News