Idaho Code
Idaho Code § 18-6409 (2026)
Disturbing the peace.
✓ current as of May 2026
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Disturbing the peace.
(1) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting, or fires any gun or pistol, or uses any vulgar, profane or indecent language within the presence or hearing of children, in a loud and boisterous manner, is guilty of a misdemeanor.
(2) Every person who maliciously and willfully disturbs the dignity or reverential nature of any funeral, memorial service, funeral procession, burial ceremony or viewing of a deceased person is guilty of a misdemeanor.
Notes of Decisions
Cited in 34
cases (11 in the last 5 years), 1982–2025 · leading case: State v. Poe, 88 P.3d 704 (Idaho 2004).
State v. Poe, 88 P.3d 704 (Idaho 2004). “This is an appeal from a conviction for disturbing the peace in which the appellant alleges, among other things, that Idaho Code § 18-6409 is unconstitutionally overbroad.”
State v. Hammersley, 10 P.3d 1285 (Idaho 2000). “Goodwin filed a criminal complaint resulting in Hammersley being charged with disturbing the peace under I.C. § 18-6409. Hammersley filed a motion to dismiss, with the magistrate court, asserting violation of the First Amendment to the United States Constitution and Article I §…”
State v. Lantis, 447 P.3d 875 (Idaho 2019). “I.C. § 18-6409 (2016). C. Analysis Based on this language, Lantis was ultimately charged with "willfully and maliciously disturb[ing] the peace of a person, to wit: [H.”
State v. Doe, 231 P.3d 1016 (Idaho 2010). “The Court found Idaho Code section 18-6409 unconstitutionally overbroad on its face and applied a limiting construction in order to remedy the overbreadth, striking section 18-6409(3) from the statute.”
State v. Suiter, 56 P.3d 775 (Idaho 2002). “To convict one for disturbing the peace pursuant to I.C. § 18-6409, the state must prove beyond a reasonable doubt that one “maliciously and wilfully [sic] disturbed] the peace or quiet of any neighborhood, family or person” in one of five manners: by [1] loud or unusual noise,…”
State v. Major, 725 P.2d 115 (Idaho 1986). “*124 Most of the offenses listed constitute individual offenses corresponding to specific offenses found in the former Idaho Code, such as disturbing the peace (I.C. § 18-6409), simple assault (I.C. § 18-901), battery (I.”
State v. Mason, 643 P.2d 78 (Idaho 1982). “Was the trial court in error for the denial of defendant's Motion to Dismiss the charges under Idaho Code § 49-1004 , leaving the scene; Idaho Code § 49-1006 , failure to report an accident; Idaho Code § 49-1102 , driving while intoxicated; and Idaho Code § 18-6409 , disorderly…”
State v. Jeppesen, 57 P.3d 782 (Idaho 2002). “Pursuant to a plea agreement, that charge was amended to disturbing the peace in violation of Idaho Code § 18-6409 . On July 13, 2000, Jeppesen pled guilty to the amended charge, and the magistrate judge sentenced him to a fine of $300 plus court costs, one hundred eighty days…”
Picatti v. Miner, 449 P.3d 403 (Idaho 2019). “Prior to trial, Picatti accepted a plea agreement in which he pleaded guilty to disturbing the peace (I.C. § 18-6409) for “failing to obey a traffic sign and driving into a restricted pedestrian area.”
State v. Harvey, 129 P.3d 1276 (Idaho Ct. App. 2006). “I.C. § 18-6409. A violent act or attitude is not a necessary element of disturbing the peace.”
State v. Quimby, 834 P.2d 906 (Idaho Ct. App. 1992). “For this reason, we decline to reach the issue whether I.C. § 18-6409, the Idaho statute prohibiting a disturbance of the peace, is unconstitutionally overbroad as applied to the facts of this case.”
State v. Rae, 84 P.3d 586 (Idaho Ct. App. 2004). “Idaho Code § 18-6409 defines disturbing the peace as: Every person who maliciously and wilfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling,…”
— Idaho Code § 18-6409(1) — 5 cases
Carswell v. Ferrari (D. Idaho 2025).
State v. Lang (Idaho Ct. App. 2025).
State v. John Doe (Idaho Ct. App. 2025).
State v. E.J. Wendell Bosley (Idaho Ct. App. 2014).
State v. Brian W. Pierce, 365 P.3d 417 (Idaho Ct. App. 2015).
— Idaho Code § 18-6409(3) — 1 case
State v. Doe, 231 P.3d 1016 (Idaho 2010). “The Court found Idaho Code section 18-6409 unconstitutionally overbroad on its face and applied a limiting construction in order to remedy the overbreadth, striking section 18-6409(3) from the statute.”
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