Alaska Statutes
Alaska Stat. § 11.61.110 (2026)
Disorderly conduct
✓ current as of July 2026
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Sec. 11.61.110. Disorderly conduct.
(a) A person commits the crime of disorderly conduct if,
(1) with intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(2) in a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(3) in a public place, when a crime has occurred, the person refuses to comply with a lawful order of a peace officer to disperse;
(4) in a private place, the person refuses to comply with an order of a peace officer to leave premises in which the person has neither a right of possession nor the express invitation to remain of a person having a right of possession;
(5) in a public or private place, the person challenges another to fight or engages in fighting other than in self-defense;
(6) the person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or
(7) the offender intentionally exposes the offender's buttock or anus to another with reckless disregard for the offensive or insulting effect the act may have on that person.
(b) As used in this section, “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. “Noise” does not include speech that is constitutionally protected.
(c) Disorderly conduct is a class B misdemeanor and is punishable as authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall be for a definite term of not more than
(1) 72 hours if the offense is a first conviction;
(2) 10 days if the offense is a second or subsequent conviction.
(a) A person commits the crime of disorderly conduct if,
(1) with intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(2) in a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;
(3) in a public place, when a crime has occurred, the person refuses to comply with a lawful order of a peace officer to disperse;
(4) in a private place, the person refuses to comply with an order of a peace officer to leave premises in which the person has neither a right of possession nor the express invitation to remain of a person having a right of possession;
(5) in a public or private place, the person challenges another to fight or engages in fighting other than in self-defense;
(6) the person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or
(7) the offender intentionally exposes the offender's buttock or anus to another with reckless disregard for the offensive or insulting effect the act may have on that person.
(b) As used in this section, “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. “Noise” does not include speech that is constitutionally protected.
(c) Disorderly conduct is a class B misdemeanor and is punishable as authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall be for a definite term of not more than
(1) 72 hours if the offense is a first conviction;
(2) 10 days if the offense is a second or subsequent conviction.
Notes of Decisions
Cited in 27
cases (10 in the last 5 years), 1986–2025 · leading case: Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011).
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “This case requires us to construe one clause of our disorderly conduct statute, AS 11.61.110specifically, subsection (a)(5) of the statute, which declares that a person commits disorderly conduct if the person "engages in fighting other than in self-defense".”
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “110(b): As used in [AS 11.61.110], “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the [defendant’s] conduct involves…”
Crawford v. Kemp, 139 P.3d 1249 (Alaska 2006). “Disorderly conduct is a misdemeanor under AS 11.61.110. The relevant sections of AS 11.”
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “See AS 11.61.110(6). Resistance to the seizure by word or conduct that placed the officer in fear of imminent physical injury would provide grounds for arrest for the more serious misdemeanor of fourth-degree assault.”
Earley v. State, 789 P.2d 374 (Alaska Ct. App. 1990). “Having examined AS 11.61.110(a) and (b), we are satisfied that the statute gives reasonable notice of the conduct it prohibits and that the phrase "unreasonably loud noise” as defined is not unconstitutionally vague.”
Wolfe v. State, 24 P.3d 1252 (Alaska Ct. App. 2001). “The jury instruction defining "hazardous condition" The offense of disorderly conduct under AS 11.61.110(2)(6) requires proof that the *1256 defendant's conduct created a "hazardous condition".”
Wilkerson v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 993 P.2d 1018 (Alaska 1999). “130; (E) AS 11.61.110(a)(7) or 11.61.125; (F) AS 11.”
Foreman v. Anchorage Equal Rights Comm'n, 779 P.2d 1199 (Alaska 1989). “140; disorderly conduct, AS 11.61.110; misconduct involving a corpse, AS 11.”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “Petersen also contends that the jury should have been instructed on disorderly conduct under AS 11.61.110(a)(6); this statute forbids a person from “recklessly creat[ing] a hazardous condition for others by an act which has no legal justification or excuse”.”
Journey v. State, 895 P.2d 955 (Alaska 1995). “An “interested person” may obtain "records of all felony convictions, convictions involving contributing to the delinquency of a minor, and convictions involving any sex crimes,” of any applicant for a job where the applicant "would have supervisory or disciplinary power over a…”
Samaniego v. City of Kodiak, 2 P.3d 78 (Alaska 2000). “AS 11.61.110(a)(5). 3 . See AS 11.56.700(a)(1).”
Falcone v. State, 227 P.3d 469 (Alaska Ct. App. 2010). “24 On this record, Judge Pallenberg could reasonably conclude that he should appoint counsel to assist Falcone in order to avoid a perversion of the judicial process.”
— Alaska Stat. § 11.61.110(2)(5) — 1 case
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “This case requires us to construe one clause of our disorderly conduct statute, AS 11.61.110specifically, subsection (a)(5) of the statute, which declares that a person commits disorderly conduct if the person "engages in fighting other than in self-defense".”
— Alaska Stat. § 11.61.110(2)(6) — 1 case
Wolfe v. State, 24 P.3d 1252 (Alaska Ct. App. 2001). “The jury instruction defining "hazardous condition" The offense of disorderly conduct under AS 11.61.110(2)(6) requires proof that the *1256 defendant's conduct created a "hazardous condition".”
— Alaska Stat. § 11.61.110(6) — 1 case
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “See AS 11.61.110(6). Resistance to the seizure by word or conduct that placed the officer in fear of imminent physical injury would provide grounds for arrest for the more serious misdemeanor of fourth-degree assault.”
— Alaska Stat. § 11.61.110(a) — 2 cases
Crawford v. Kemp, 139 P.3d 1249 (Alaska 2006). “Disorderly conduct is a misdemeanor under AS 11.61.110. The relevant sections of AS 11.”
Earley v. State, 789 P.2d 374 (Alaska Ct. App. 1990). “Having examined AS 11.61.110(a) and (b), we are satisfied that the statute gives reasonable notice of the conduct it prohibits and that the phrase "unreasonably loud noise” as defined is not unconstitutionally vague.”
— Alaska Stat. § 11.61.110(a)(1) — 2 cases
Earley v. State, 789 P.2d 374 (Alaska Ct. App. 1990). “Having examined AS 11.61.110(a) and (b), we are satisfied that the statute gives reasonable notice of the conduct it prohibits and that the phrase "unreasonably loud noise” as defined is not unconstitutionally vague.”
Brandon Lee Baer v. State of Alaska, 499 P.3d 1037 (Alaska Ct. App. 2021).
— Alaska Stat. § 11.61.110(a)(2) — 2 cases
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “110(b): As used in [AS 11.61.110], “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the [defendant’s] conduct involves…”
Tuttle v. State, 175 P.3d 60 (Alaska Ct. App. 2008).
— Alaska Stat. § 11.61.110(a)(5) — 9 cases
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “This case requires us to construe one clause of our disorderly conduct statute, AS 11.61.110specifically, subsection (a)(5) of the statute, which declares that a person commits disorderly conduct if the person "engages in fighting other than in self-defense".”
Samaniego v. City of Kodiak, 2 P.3d 78 (Alaska 2000). “AS 11.61.110(a)(5). 3 . See AS 11.56.700(a)(1).”
Walsh v. State, 758 P.2d 124 (Alaska Ct. App. 1988).
Jerrel v. State, 765 P.2d 982 (Alaska Ct. App. 1988).
Agnes Martina Tommy v. State of Alaska, 531 P.3d 365 (Alaska Ct. App. 2023).
— Alaska Stat. § 11.61.110(a)(6) — 8 cases
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “See AS 11.61.110(6). Resistance to the seizure by word or conduct that placed the officer in fear of imminent physical injury would provide grounds for arrest for the more serious misdemeanor of fourth-degree assault.”
Wolfe v. State, 24 P.3d 1252 (Alaska Ct. App. 2001). “The jury instruction defining "hazardous condition" The offense of disorderly conduct under AS 11.61.110(2)(6) requires proof that the *1256 defendant's conduct created a "hazardous condition".”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “Petersen also contends that the jury should have been instructed on disorderly conduct under AS 11.61.110(a)(6); this statute forbids a person from “recklessly creat[ing] a hazardous condition for others by an act which has no legal justification or excuse”.”
Falcone v. State, 227 P.3d 469 (Alaska Ct. App. 2010). “24 On this record, Judge Pallenberg could reasonably conclude that he should appoint counsel to assist Falcone in order to avoid a perversion of the judicial process.”
Norbert v. State, 718 P.2d 160 (Alaska Ct. App. 1986).
— Alaska Stat. § 11.61.110(a)(7) — 1 case
Wilkerson v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 993 P.2d 1018 (Alaska 1999). “130; (E) AS 11.61.110(a)(7) or 11.61.125; (F) AS 11.”
— Alaska Stat. § 11.61.110(a2)(5) — 1 case
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “This case requires us to construe one clause of our disorderly conduct statute, AS 11.61.110specifically, subsection (a)(5) of the statute, which declares that a person commits disorderly conduct if the person "engages in fighting other than in self-defense".”
— Alaska Stat. § 11.61.110(b) — 3 cases
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “110(b): As used in [AS 11.61.110], “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the [defendant’s] conduct involves…”
Crawford v. Kemp, 139 P.3d 1249 (Alaska 2006). “Disorderly conduct is a misdemeanor under AS 11.61.110. The relevant sections of AS 11.”
Earley v. State, 789 P.2d 374 (Alaska Ct. App. 1990). “Having examined AS 11.61.110(a) and (b), we are satisfied that the statute gives reasonable notice of the conduct it prohibits and that the phrase "unreasonably loud noise” as defined is not unconstitutionally vague.”
— Alaska Stat. § 11.61.110(c) — 1 case
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “This case requires us to construe one clause of our disorderly conduct statute, AS 11.61.110specifically, subsection (a)(5) of the statute, which declares that a person commits disorderly conduct if the person "engages in fighting other than in self-defense".”
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