(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:
(1) Engages in fighting or threatening, or in violent behavior.
(2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.
(3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
(4) Creates or maintains a hazardous or physically offensive condition.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Notes of Decisions
United States v. Nolan L. Poocha, 259 F.3d 1077 (9th Cir. 2001).
· cites it 8× “Opinion by Judge REINHARDT; Concurrence by Judge BERZON; Partial Concurrence and Partial Dissent by Judge TASHIMA REINHARDT, Circuit Judge: Nolan Poocha appeals his convictions for disorderly conduct, in violation of 36 C.F.R. § 2.34 (a)(2), and failure to obey a lawful order,…”
United States v. Joe Lanning, 723 F.3d 476 (4th Cir. 2013).
· cites it 18× “That conduct gave rise to Defendant’s conviction for disorderly conduct under 36 C.F.R. § 2.34 , which prohibits conduct that is “obscene,” “physically threatening or menacing,” or “likely to inflict injury or incite an immediate breach of the peace.”
United States v. James C. Coutchavlis, 260 F.3d 1149 (9th Cir. 2001).
· cites it 4× “Coutchavlis appeals from a conviction for disorderly conduct, in violation of 36 C.F.R. § 2.34 (a)(2), for which he was- ordered to pay a fíne of $100 and serve one year of probation.”
United States v. Jay Briley, 770 F.3d 267 (4th Cir. 2014).
· cites it 3× “Last, Count 4 charged him with the misdemeanor of disorderly conduct for recklessly creating a risk of causing public alarm, nuisance, jeopardy, and violence by engaging in an obscene display and act within federal land administered by the National Park Service, in violation of…”
United States v. Lidia Rodriguez, 880 F.3d 1151 (9th Cir. 2018).
“Similarly, in Albers , we considered the meaning of “recklessly” in the definition of disorderly conduct in 36 C.F.R. § 2.34 (a)(4). 226 F.3d at 995 .”
United States v. Statler, 121 F. Supp. 2d 925 (E.D. Va. 2000).
· cites it 5× “The' question presented by defendant Robert George Statler’s motion to dismiss Count II of the Criminal Complaint is whether a charge of disorderly conduct under 36 C.F.R. § 2.34 for public masturbation precludes the application of the Assimilated Crimes Act (“ACA”), 18 U.”
Mazzetti v. Bellino, 57 F. Supp. 3d 1262 (E.D. Cal. 2014).
· cites it 3× “32 (a)(2) (failing to obey a lawful order), 36 C.F.R. § 2.34 (a)(2) (disorderly conduct), and 36 C.”
Wyoming v. United States Dep't of Interior, 587 F.3d 1245 (10th Cir. 2009).
“18 (c) (2009), earlier version codified at 36 C.F.R. § 2.34 (c) (1974). Under this default rule— sometimes called the “closed unless opened” rule — the Park Service must promulgate a special regulation designating particular routes in a particular national park open to…”
United States v. Mather, 902 F. Supp. 560 (E.D. Pa. 1995).
· cites it 3× “Ranger Buck arrested the appellants for disorderly conduct in violation of 36 C.F.R. § 2.34 (a)(2) 3 and open lewdness in violation of 18 Pa.”
United States v. Albers, 226 F.3d 989 (9th Cir. 2000).
· cites it 3× “17(a)(3), and disorderly conduct, in violation of 36 C.F.R. § 2.34 (a)(4). Subsequent to a bench trial, the district court found the defendants guilty of both counts.”
United States v. Carroll, 813 F. Supp. 698 (E.D. Mo. 1993).
· cites it 2× “In Count 2 defendant Carroll is charged with a violation of 36 C.F.R. § 2.34 (a)(4) [3] . The essential elements of this offense are: that the defendant (1) either (a) with the intent to cause public alarm, nuisance, jeopardy or violence or (b) knowingly or recklessly creating a…”
United States v. Malone, 822 F. Supp. 1187 (E.D. Pa. 1993).
· cites it 3× “§ 5901 (1992), 1 and disorderly conduct in violation of 36 C.F.R. § 2.34 (a)(2) (1992). Magistrate Judge Arnold C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.