Ind. Code » Title 35
Indiana Code

Ind. Code § 35-45-1-3 (2025)

Disorderly conduct

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. (a) A person who recklessly, knowingly, or intentionally:

(1) engages in fighting or in tumultuous conduct;

(2) makes unreasonable noise and continues to do so after being asked to stop; or

(3) disrupts a lawful assembly of persons;

commits disorderly conduct, a Class B misdemeanor.

     (b) The offense described in subsection (a) is a Level 6 felony if it:

(1) adversely affects airport security; and

(2) is committed in an airport (as defined in IC 8-21-1-1) or on the premises of an airport, including in a parking area, a maintenance bay, or an aircraft hangar.

     (c) The offense described in subsection (a) is a Level 6 felony if it:

(1) is committed within five hundred (500) feet of:

(A) the location where a burial is being performed;

(B) a funeral procession, if the person described in subsection (a) knows that the funeral procession is taking place; or

(C) a building in which:

(i) a funeral or memorial service; or

(ii) the viewing of a deceased person;

is being conducted; and

(2) adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.70; P.L.92-1988, SEC.8; P.L.123-2002, SEC.40; P.L.3-2006, SEC.1; P.L.158-2013, SEC.522.

 

Notes of Decisions
Cited in 191 cases (11 in the last 5 years), 1981–2026 · leading case: Price v. State, 622 N.E.2d 954 (Ind. 1993).
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Price v. State, 622 N.E.2d 954 (Ind. 1993). · cites it 104× “1-5-1 -3 (West 1982); and disorderly conduct, a Class B misdemeanor, Ind. Code Ann. § 35-45-1-3 (2) (West Supp.”
Michael Day v. State of Indiana, 57 N.E.3d 809 (Ind. 2016). · cites it 3× “, with I.C. § 35-45-1-3 (2014). Further, the General Assembly patterned much of the 1976 statute on the MPC version — except for the MPC’s public element language.”
Whittington v. State, 669 N.E.2d 1363 (Ind. 1996). · cites it 6× “Ind.Code Ann. § 35-45-1-3(2) (West Supp. 1996).”
Bailey v. State, 907 N.E.2d 1003 (Ind. 2009). · cites it 2× “Ind.Code § 35-45-1-3(a)(1) (2008). Tumultuous conduct is defined as conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property.”
Blackman v. State, 868 N.E.2d 579 (Ind. Ct. App. 2007). · cites it 4× “" [2] Ind.Code § 35-45-1-3. [3] Unbeknownst to the police officers at the time of this incident, the underlying events occurred in front of the home of Blackman's grandmother.”
Yowler v. State, 894 N.E.2d 1000 (Ind. Ct. App. 2008). · cites it 4× “…The judgment of the trial court is affirmed. RILEY, J., and BAILEY, J., concur. 1 . Ind.Code § 35-44-3-3 (2006). 2 . Ind.Code § 35-45-1-3 (2006).”
Dallaly v. State, 916 N.E.2d 945 (Ind. Ct. App. 2009). · cites it 6× “In reviewing the constitutionality of Ind.Code § 35-45-1-3 as applied to a defendant, we employ a two-step analysis.”
McConnell v. McKillip, 573 F. Supp. 2d 1090 (S.D. Ind. 2008). · cites it 2× “” Ind.Code § 35-45-1-3. Indiana law defines “tumultuous conduct” as that which “results in, or is likely to result in, serious bodily injury to a person or substantial damage to property.”
Wells v. State, 848 N.E.2d 1133 (Ind. Ct. App. 2006). · cites it 4× “" Ind. Code § 35-45-1-3 . When reviewing whether the State has violated Article 1, Section 9, we first must determine whether state action has restricted a person's expressive activity.”
Jeremiah Walls v. State of Indiana, 993 N.E.2d 262 (Ind. Ct. App. 2013). · cites it 4× “Walls instead knocked on the door, requested to come in and spend the night, and when he was refused entry, began banging on the door and yelling.”
Courtney Glenn v. State of Indiana, 999 N.E.2d 859 (Ind. Ct. App. 2013). · cites it 4× “Code § 35-45-1-1. Serious bodily injury occurs when an injury "creates a substantial risk of death or .”
Hanna v. State, 726 N.E.2d 384 (Ind. Ct. App. 2000). · cites it 4× “Second, the State argues that Officer Angelí had probable cause to enter the residence because he “entered the premises in order to investigate and abate the noise disturbance, and the disturbance was a potential violation of Indiana Code § 35-45-1-3.” Brief of Appellee at 5.”
Show all 191 citing cases →
Ind. Code § 35-45-1-3(1): 10 cases
Price v. State, 622 N.E.2d 954 (Ind. 1993). “1-5-1 -3 (West 1982); and disorderly conduct, a Class B misdemeanor, Ind. Code Ann. § 35-45-1-3 (2) (West Supp.”
Harmon v. State, 849 N.E.2d 726 (Ind. Ct. App. 2006).
Balfour v. State, 779 N.E.2d 1211 (Ind. Ct. App. 2002).
Townsend v. State, 753 N.E.2d 88 (Ind. Ct. App. 2001).
Johnson v. State, 700 N.E.2d 480 (Ind. Ct. App. 1998).
Ind. Code § 35-45-1-3(2): 21 cases
Price v. State, 622 N.E.2d 954 (Ind. 1993). “1-5-1 -3 (West 1982); and disorderly conduct, a Class B misdemeanor, Ind. Code Ann. § 35-45-1-3 (2) (West Supp.”
Whittington v. State, 669 N.E.2d 1363 (Ind. 1996). “Ind.Code Ann. § 35-45-1-3(2) (West Supp. 1996).”
Shoultz v. State, 735 N.E.2d 818 (Ind. Ct. App. 2000).
Roberto Gonzalez v. Nicholas Kokot, 314 F.3d 311 (7th Cir. 2002).
Brittain v. State, 565 N.E.2d 757 (Ind. Ct. App. 1991).
Ind. Code § 35-45-1-3(3): 1 case
Oliver v. State, 789 N.E.2d 1003 (Ind. Ct. App. 2003).
Ind. Code § 35-45-1-3(a): 13 cases
Lemon v. State, 868 N.E.2d 1190 (Ind. Ct. App. 2007).
Rodregus Morgan v. State of Indiana, 4 N.E.3d 751 (Ind. Ct. App. 2014).
Cody Dallas v. Brandon Cessna, 968 N.E.2d 291 (Ind. Ct. App. 2012).
255 Morris, LLC v. Indiana Alcohol & Tobacco Comm'n, 93 N.E.3d 1149 (Ind. Ct. App. 2018).
Michael Day v. State of Indiana (mem. dec.), 48 N.E.3d 921 (Ind. Ct. App. 2016).
Ind. Code § 35-45-1-3(a)(1): 14 cases
Bailey v. State, 907 N.E.2d 1003 (Ind. 2009). “Ind.Code § 35-45-1-3(a)(1) (2008). Tumultuous conduct is defined as conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property.”
Courtney Glenn v. State of Indiana, 999 N.E.2d 859 (Ind. Ct. App. 2013). “Code § 35-45-1-1. Serious bodily injury occurs when an injury "creates a substantial risk of death or .”
Dallaly v. State, 916 N.E.2d 945 (Ind. Ct. App. 2009). “In reviewing the constitutionality of Ind.Code § 35-45-1-3 as applied to a defendant, we employ a two-step analysis.”
Jaquecke Hughes v. State of Indiana (mem. dec.), No. 49A05-1601-CR-10 (Ind. Ct. App. Aug. 31, 2016).
Dennis Gibson v. State of Indiana (mem. dec.), No. 19A-CR-436 (Ind. Ct. App. July 25, 2019).
Ind. Code § 35-45-1-3(a)(2): 16 cases
Barnes v. State, 946 N.E.2d 572 (Ind. 2011).
Yowler v. State, 894 N.E.2d 1000 (Ind. Ct. App. 2008). “…The judgment of the trial court is affirmed. RILEY, J., and BAILEY, J., concur. 1 . Ind.Code § 35-44-3-3 (2006). 2 . Ind.Code § 35-45-1-3 (2006).”
Adetokunbo v. State, 29 N.E.3d 1277 (Ind. Ct. App. 2015).
James Murphy v. State of Indiana (mem. dec.), No. 19A-CR-1289 (Ind. Ct. App. Dec. 11, 2019).
NJ ex rel. Jackson v. Met. Sch. Dist., 879 N.E.2d 1192 (Ind. Ct. App. 2008).
Ind. Code § 35-45-1-3(a)(3): 1 case
T.C. v. State of Indiana (mem. dec.), 150 N.E.3d 1077 (Ind. Ct. App. 2020).
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