Delaware Code

11 Del. C. § 1301 (2026)

Disorderly conduct; unclassified misdemeanor

✓ current as of May 2026

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(a) A person is guilty of disorderly conduct when any of the following apply:

(1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by:

a. Engaging in fighting or in violent, tumultuous or threatening behavior; or

b. Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to any person present; or

c. Disturbing any lawful assembly or meeting of persons without lawful authority; or

d. Obstructing vehicular or pedestrian traffic; or

e. Congregating with other persons in a public place and refusing to comply with a lawful order of the police to disperse; or

f. Creating a hazardous or physically offensive condition which serves no legitimate purpose; or

g. Congregating with other persons in a public place while wearing masks, hoods or other garments rendering their faces unrecognizable, for the purpose of and in a manner likely to imminently subject any person to the deprivation of any rights, privileges or immunities secured by the Constitution or laws of the United States of America.

(2) The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph (a)(1) of this section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails to obey an order to disperse made by a peace officer to the participants.

(3) The person intentionally interferes with the operation of a school bus if both of the following apply:

a. The school bus is transporting, picking up, or dropping off students.

b. The person does any of the following:

1. Boards the school bus and refuses to exit after being lawfully ordered to exit by the school bus driver or bus attendant.

2. Wrongfully restricts the movement of the school bus.

3. Threatens the school bus driver or a school bus passenger, including when the school bus driver or the school bus passenger is entering, leaving, or waiting for the school bus. For purposes of this paragraph (a)(3)b.3., a statement that a person plans to hire an attorney, seek a legal remedy, or inform others about concerns, is not a threat.

(b) Disorderly conduct is an unclassified misdemeanor.

(c) A passenger, including a student, authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for a violation of paragraph (a)(3) of this section.

(d) (1) A parent of a student with an individualized education program (IEP) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., or a § 504 plan under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, does not violate paragraphs (a)(3)b.1. and (a)(3)b.2. of this section if they are addressing a health or safety concern involving their student in a manner that is safe for the other occupants of the school bus.

(2) For purposes of this subsection, “parent” means as defined in § 3101 of Title 14, if the student satisfies the definition of “child with a disability” under § 3101 of Title 14. Otherwise, “parent” means as defined in § 401A of Title 14.

11 Del. C. 1953, § 1301; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 203, §§ 23, 24; 63 Del. Laws, c. 305, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 85 Del. Laws, c. 194, § 1;

Notes of Decisions

Cited in 10 cases (7 in the last 5 years), 2002–2025 · leading case: United States v. King, 243 F. Supp. 3d 488 (D. Del. 2017).

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United States v. King, 243 F. Supp. 3d 488 (D. Del. 2017). “29 at 7); see 11 Del. Code § 1301. As the court previously noted, there is no need to decide whether seizure would have been proper at the moment Trooper Andres put his arm up to prevent Mr.”

Johnson v. Campbell, 215 F. Supp. 2d 423 (D. Del. 2002). · cites it 6× “In the alternative, Plaintiff requests a new trial on the grounds that (1) the jury’s verdict is against the great weight of the evidence; (2) the jury instruction regarding Section 1983 was inadequate; (3) the jury instruction on Plaintiffs claim of illegal detention was…”

State v. Cabela's Inc. (Del. Super. Ct. 2024). · cites it 2× “Pursuant to 11 Del. C. § 1301(1)(f), a person is guilty of Disorderly Conduct if they create “a hazardous or physically offensive condition which serves no legitimate purpose.”

David R. Dingess (Bankr. D. Del. 2025). · cites it 2× “§ 611; Disorderly Conduct is codified at 11 Del. C. § 1301. 33 Tr. 117:4-8 (David).”

Olsen v. Dingess (Bankr. D. Del. 2025). · cites it 2× “§ 611; Disorderly Conduct is codified at 11 Del. C. § 1301. 33 Tr. 117:4-8 (David).”

Mundell v. State (Del. 2016). “4 There was thus sufficient evidence for the jury to have rationally 3 11 Del. C. § 1301. The Superior Court also convicted Mundell of disorderly conduct, and he did not appeal that conviction.”

Bobilin v. State (Del. 2023). “11 See 11 Del. C. § 1301 (“A person is guilty of disorderly conduct when: (1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by: … (b) Making … an offensively coarse utterance … or addressing abusive…”

Newton v. State (Del. Super. Ct. 2023). “48 See 11 Del. C. § 1301(1)(a). 49 See R125-26. 50 Mot.”

Perecca v. State (Del. 2023). “11 See 11 Del. C. § 1301 (“A person is guilty of disorderly conduct when: (1) The person intentionally causes public inconvenience, annoyance or alarm to any other person, or creates a risk thereof by: … (b) Making … an offensively coarse utterance … or addressing abusive…”

Cooling v. State (Del. 2023). “at A100; 11 Del. C. § 1301(1)(b); resisting arrest from 1994 (Class A misdemeanor).”

— 11 Del. C. § 1301(1)(a) — 1 case

Newton v. State (Del. Super. Ct. 2023). “48 See 11 Del. C. § 1301(1)(a). 49 See R125-26. 50 Mot.”

— 11 Del. C. § 1301(1)(b) — 1 case

Cooling v. State (Del. 2023). “at A100; 11 Del. C. § 1301(1)(b); resisting arrest from 1994 (Class A misdemeanor).”

— 11 Del. C. § 1301(1)(f) — 1 case

State v. Cabela's Inc. (Del. Super. Ct. 2024). “Pursuant to 11 Del. C. § 1301(1)(f), a person is guilty of Disorderly Conduct if they create “a hazardous or physically offensive condition which serves no legitimate purpose.”

— 11 Del. C. § 1301(l)(b) — 1 case

Johnson v. Campbell, 215 F. Supp. 2d 423 (D. Del. 2002). “In the alternative, Plaintiff requests a new trial on the grounds that (1) the jury’s verdict is against the great weight of the evidence; (2) the jury instruction regarding Section 1983 was inadequate; (3) the jury instruction on Plaintiffs claim of illegal detention was…”

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