(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.
(2) Repealed.
(3) (a) An offense pursuant to subsection (1)(a) or (1)(c) of this section is a petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.
(b) An offense pursuant to subsection (1)(d) of this section is a petty offense.
(c) An offense pursuant to subsection (1)(f) of this section is a class 2 misdemeanor.
(d) An offense pursuant to subsection (1)(e) of this section is a class 1 misdemeanor.
Source: L. 71: R&RE, p. 467, § 1. C.R.S. 1963: § 40-9-106. L. 72: p. 275, § 8. L. 81:
(1)(a) amended, p. 1010, § 1, effective April 24. L. 2000: IP(1), (1)(b), and (1)(f) amended, pp. 696, 708, §§ 11, 39, effective July 1. L. 2006: (3) amended, p. 1198, § 3, effective May 26; (2) repealed, p. 1493, § 21, effective June 1. L. 2014: (1)(e) amended, (HB 14-1059), ch. 22, p. 153, § 1, effective March 7. L. 2021: (1)(f) and (3) amended, (SB 21-271), ch. 462, p. 3201, § 308, effective March 1, 2022.
Editor's note: In Snyder v. Phelps, 562 U.S. 443 (2011), the United States Supreme Court held that the first amendment shielded military funeral protesters from tort liability for their picketing because the picketing constituted speech on matters of public concern and because the father of the deceased was not a member of a captive audience.
Cross references: (1) For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
(2) In 2006, subsection (3) was amended by the "Right to Rest in Peace Act". For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.
Notes of Decisions
Cited in
29
cases (
4 in the last 5 years), 1976–2023 · leading case:
People v. Fitzgerald, 573 P.2d 100 (Colo. 1978).
People v. Fitzgerald, 573 P.2d 100 (Colo. 1978).
· cites it 74× “The People are here seeking review of a district court decision which affirmed the county court’s dismissal of disorderly conduct charges against the appellees on the grounds that section 18-9-106( 1 )(a) 1 and (c), C.R.S.”
In re R.C, 2016 COA 166 (Colo. Ct. App. 2016).
· cites it 6× “” § 18-9-106(1)(a), C.R.S. 2016. ¶7 R.C. contends that the prosecution failed to prove beyond a reasonable doubt every element of the offense of disorderly conduct.”
Rowe v. People, 856 P.2d 486 (Colo. 1993).
· cites it 14× “[12] The disorderly conduct statute, section 18-9-106, 8B C.R.S. (1986), provides an example of the language used by the General Assembly to create an affirmative defense to a specific crime based on provocation.”
v. Wakefield, 2018 COA 37 (Colo. Ct. App. 2018).
· cites it 2× “It reasoned that the jury could not rationally acquit the defendant of menacing while simultaneously convicting him of disorderly conduct, because conviction of the latter would have required the handling of the gun “in a manner calculated to alarm,” § 18-9-106(1)(f), C.R.S.…”
People v. Ibarra, 849 P.2d 33 (Colo. 1993).
· cites it 4× “Ibarra’s assertion is that subsection (l)(f) of section 18-9-106, proscribing conduct of "displaying a deadly weapon in a public place in a manner calculated to alarm” is indistinguishable from section 18-3-206, the felony-menacing statute.”
People ex rel. K.W., 317 P.3d 1237 (Colo. Ct. App. 2012).
· cites it 7× “, a juvenile, appeals the judgment adjudicating her delinquent based on findings that she committed acts that, if committed by an adult, would constitute disorderly conduct in violation of section 18-9-106(1)(a), C.R.S. 2011. The issues on appeal are whether the magistrate and…”
People v. Naranjo, 2017 CO 87 (Colo. 2017).
· cites it 5× “¶23 An individual commits disorderly conduct with a deadly weapon if he or she is not a peace officer and intentionally, knowingly, or recklessly displays a deadly weapon in a public place “in a manner calculated to alarm.”
Aguilar v. People, 886 P.2d 725 (Colo. 1994).
· cites it 8× “1, § 18-9-106, 1981 Colo.Sess. Laws 1010. Subsection (l)(a) has remained unchanged since the revision, and states that: (1) A person commits disorderly conduct if he intentionally, knowingly, or recklessly: (a) Makes a coarse and obviously offensive utterance, gesture, or…”
MORRIS-SCHINDLER, LLC. v. City & Cnty. of Denver, 251 P.3d 1076 (Colo. Ct. App. 2010).
· cites it 3× “mployee or agent of such licensee shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not pernut on the licensed premises the serving or loitering of a visibly intoxicated person or habitual drunkard, nor shall the licensee, his employee or…”
People ex rel. R.C., 411 P.3d 1105 (Colo. Ct. App. 2016).
· cites it 6× “" § 18-9-106(1)(a), C.R.S. 2016. ¶ 7 R.C. contends that the prosecution failed to prove beyond a reasonable doubt every element of the offense of disorderly conduct.”
Hansen v. People, 548 P.2d 1278 (Colo. 1976).
· cites it 3× “In view of this positive action by the General Assembly, we are therefore, foreclosed from considering the application of Chaplinsky doctrine of limiting construction to this statute. The judgments in cases No.”
People v. Torres, 848 P.2d 911 (Colo. 1993).
· cites it 4× “See § 18-9-106(l)(f), 8B C.R.S. (1986). The trial court accepted the defendants’ contentions that “placing or attempting to place another person in fear of imminent serious bodily injury by threat or physical action by the use of a deadly weapon,” the actus reus of felony…”
— Colo. Rev. Stat. § 18-9-106(1) — 1 case
— Colo. Rev. Stat. § 18-9-106(1)(a) — 8 cases
In re R.C, 2016 COA 166 (Colo. Ct. App. 2016).
“” § 18-9-106(1)(a), C.R.S. 2016. ¶7 R.C. contends that the prosecution failed to prove beyond a reasonable doubt every element of the offense of disorderly conduct.”
People v. Fitzgerald, 573 P.2d 100 (Colo. 1978).
“The People are here seeking review of a district court decision which affirmed the county court’s dismissal of disorderly conduct charges against the appellees on the grounds that section 18-9-106( 1 )(a) 1 and (c), C.R.S.”
People ex rel. K.W., 317 P.3d 1237 (Colo. Ct. App. 2012).
“, a juvenile, appeals the judgment adjudicating her delinquent based on findings that she committed acts that, if committed by an adult, would constitute disorderly conduct in violation of section 18-9-106(1)(a), C.R.S. 2011. The issues on appeal are whether the magistrate and…”
People ex rel. R.C., 411 P.3d 1105 (Colo. Ct. App. 2016).
“" § 18-9-106(1)(a), C.R.S. 2016. ¶ 7 R.C. contends that the prosecution failed to prove beyond a reasonable doubt every element of the offense of disorderly conduct.”
— Colo. Rev. Stat. § 18-9-106(1)(b) — 1 case
— Colo. Rev. Stat. § 18-9-106(1)(c) — 3 cases
People v. Fitzgerald, 573 P.2d 100 (Colo. 1978).
“The People are here seeking review of a district court decision which affirmed the county court’s dismissal of disorderly conduct charges against the appellees on the grounds that section 18-9-106( 1 )(a) 1 and (c), C.R.S.”
— Colo. Rev. Stat. § 18-9-106(1)(f) — 2 cases
v. Wakefield, 2018 COA 37 (Colo. Ct. App. 2018).
“It reasoned that the jury could not rationally acquit the defendant of menacing while simultaneously convicting him of disorderly conduct, because conviction of the latter would have required the handling of the gun “in a manner calculated to alarm,” § 18-9-106(1)(f), C.R.S.…”
People v. Naranjo, 2017 CO 87 (Colo. 2017).
“¶23 An individual commits disorderly conduct with a deadly weapon if he or she is not a peace officer and intentionally, knowingly, or recklessly displays a deadly weapon in a public place “in a manner calculated to alarm.”
— Colo. Rev. Stat. § 18-9-106(2) — 1 case
Rowe v. People, 856 P.2d 486 (Colo. 1993).
“[12] The disorderly conduct statute, section 18-9-106, 8B C.R.S. (1986), provides an example of the language used by the General Assembly to create an affirmative defense to a specific crime based on provocation.”
— Colo. Rev. Stat. § 18-9-106(l)(a) — 4 cases
Aguilar v. People, 886 P.2d 725 (Colo. 1994).
“1, § 18-9-106, 1981 Colo.Sess. Laws 1010. Subsection (l)(a) has remained unchanged since the revision, and states that: (1) A person commits disorderly conduct if he intentionally, knowingly, or recklessly: (a) Makes a coarse and obviously offensive utterance, gesture, or…”
— Colo. Rev. Stat. § 18-9-106(l)(b) — 1 case
Aguilar v. People, 886 P.2d 725 (Colo. 1994).
“1, § 18-9-106, 1981 Colo.Sess. Laws 1010. Subsection (l)(a) has remained unchanged since the revision, and states that: (1) A person commits disorderly conduct if he intentionally, knowingly, or recklessly: (a) Makes a coarse and obviously offensive utterance, gesture, or…”
— Colo. Rev. Stat. § 18-9-106(l)(c) — 1 case
People v. Fitzgerald, 573 P.2d 100 (Colo. 1978).
“The People are here seeking review of a district court decision which affirmed the county court’s dismissal of disorderly conduct charges against the appellees on the grounds that section 18-9-106( 1 )(a) 1 and (c), C.R.S.”
— Colo. Rev. Stat. § 18-9-106(l)(d) — 1 case
— Colo. Rev. Stat. § 18-9-106(l)(f) — 4 cases
People v. Naranjo, 2017 CO 87 (Colo. 2017).
“¶23 An individual commits disorderly conduct with a deadly weapon if he or she is not a peace officer and intentionally, knowingly, or recklessly displays a deadly weapon in a public place “in a manner calculated to alarm.”
People v. Ibarra, 849 P.2d 33 (Colo. 1993).
“Ibarra’s assertion is that subsection (l)(f) of section 18-9-106, proscribing conduct of "displaying a deadly weapon in a public place in a manner calculated to alarm” is indistinguishable from section 18-3-206, the felony-menacing statute.”
People v. Torres, 848 P.2d 911 (Colo. 1993).
“See § 18-9-106(l)(f), 8B C.R.S. (1986). The trial court accepted the defendants’ contentions that “placing or attempting to place another person in fear of imminent serious bodily injury by threat or physical action by the use of a deadly weapon,” the actus reus of felony…”
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.