Conroe/Montgomery County Texas Criminal Defense Trial Attorneys Jim Sullivan and Associates represent real people charged with all kinds of crimes, including Disorderly Conduct by making an unreasonable noise in a public place. If you need a Montgomery criminal lawyer, call them right now at 281-546-6428.
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;(3) creates, by chemical means, a noxious and unreasonable odor in a public place;(4) abuses or threatens a person in a public place in an obviously offensive manner;(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;(6) fights with another in a public place;(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;(9) discharges a firearm on or across a public road;(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or(11) for a lewd or unlawful purpose:(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person’s own through a window or other opening in the room; or(C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.(c) For purposes of this section:(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
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