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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