Ky. Rev. Stat. » Chapter 437
Kentucky Revised Statutes

Ky. Rev. Stat. § 437.016 (2026)

Repealed, 1975

✓ current as of May 2026
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Catchline at repeal: "Disorderly conduct" defined -- Penalty. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1968 Ky. Acts ch. 105, sec. 7.

Notes of Decisions
Cited in 14 cases, 1971–2016 · leading case: Colten v. Kentucky, 407 U.S. 104 (1972).
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Colten v. Kentucky, 407 U.S. 104 (1972). · cites it 8× “Another officer asked three times that Colten depart and when Colten failed to move away he was arrested for violating Kentucky's disorderly conduct statute, Ky. Rev. Stat. § 437.016 (Supp. 1968). The arresting officer testified that Colten's response to the order had been to…”
City of Houston v. Hill, 482 U.S. 451 (1987). · cites it 2× “" Ky. Rev. Stat. § 437.016(1)(f) (Supp. 1968); see 407 U.”
Polk v. State, 835 A.2d 575 (Md. 2003). · cites it 2× “Compare § 121(b)(3) ("[a] person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace") with Ky.Rev.Stat. § 437.016(1)(f) (Supp.1968) ("[a] person is guilty of disorderly conduct if, with…”
Commonwealth v. Duncan, 363 A.2d 803 (Pa. Super. Ct. 1976). · cites it 2× “In Colten , the petitioner had been convicted of violating Ky.Rev. Stat. § 437.016(1) (f) (Supp. 1968), which read as follows: "(1) A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof,…”
Commonwealth v. DeFrancesco, 393 A.2d 321 (Pa. 1978). · cites it 2× “[4] Colten was convicted of violating Ky.Rev.Stat. § 437.016(1)(f) (Supp. 1968), which states: "(1) A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: * * * * * * "(f) Congregates…”
State v. Immelt, 267 P.3d 305 (Wash. 2011). “at 108-09 (affirming conviction under statute prohibiting *37 conduct done “ ‘to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof’ ” (quoting former Ky. Rev. Stat. § 437.016(l)(f) (1968))). In accord with the First Amendment, article I,…”
Martinez v. City of Rio Rancho, 197 F. Supp. 3d 1294 (D.N.M. 2016). “1953 (quoting Ky. Rev. Stat. § 437.016(1)(f) (Supp. 1968)).”
State v. Crudup, 838 A.2d 1053 (Conn. App. Ct. 2004). “” The defendant in Colten was convicted of violating Ky. Rev. Stat. Ann. § 437.016 (1) (f) (Sup.”
Colten v. Commonwealth, 467 S.W.2d 374 (Ky. Ct. App. 1971). · cites it 2× “Lewis Colten was convicted in the Fay-ette Quarterly Court of a violation of the Kentucky disorderly conduct statute, KRS 437.016, and was fined $10. He appealed to the Fayette Circuit Court where he was tried de novo (without a jury, it having been waived) and again was found…”
Martin v. City of Oklahoma City, 180 F. Supp. 3d 978 (W.D. Okla. 2016). “1953 (quoting Ky. Rev. Stat. § 437.016(l)(f) (Supp. 1968)).”
DeWillis v. State, 951 S.W.2d 212 (Tex. App. 1997). “2d 584 (1972) (quoting Ky. Rev. Stat. § 437.016(1)(f) (Supp.1968)).”
Brooks v. N.C. Dep't of Corr., 984 F. Supp. 940 (E.D.N.C. 1997). “at 1956 (quoting Ky.Rev.Stat. § 437.016(l)(f) (Supp.1968)).”
Show all 14 citing cases →
— Ky. Rev. Stat. § 437.016(1) — 1 case
Commonwealth v. Duncan, 363 A.2d 803 (Pa. Super. Ct. 1976). “In Colten , the petitioner had been convicted of violating Ky.Rev. Stat. § 437.016(1) (f) (Supp. 1968), which read as follows: "(1) A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof,…”
— Ky. Rev. Stat. § 437.016(1)(f) — 6 cases
City of Houston v. Hill, 482 U.S. 451 (1987). “" Ky. Rev. Stat. § 437.016(1)(f) (Supp. 1968); see 407 U.”
Polk v. State, 835 A.2d 575 (Md. 2003). “Compare § 121(b)(3) ("[a] person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace") with Ky.Rev.Stat. § 437.016(1)(f) (Supp.1968) ("[a] person is guilty of disorderly conduct if, with…”
Martinez v. City of Rio Rancho, 197 F. Supp. 3d 1294 (D.N.M. 2016). “1953 (quoting Ky. Rev. Stat. § 437.016(1)(f) (Supp. 1968)).”
DeWillis v. State, 951 S.W.2d 212 (Tex. App. 1997). “2d 584 (1972) (quoting Ky. Rev. Stat. § 437.016(1)(f) (Supp.1968)).”
Commonwealth v. DeFrancesco, 393 A.2d 321 (Pa. 1978). “[4] Colten was convicted of violating Ky.Rev.Stat. § 437.016(1)(f) (Supp. 1968), which states: "(1) A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: * * * * * * "(f) Congregates…”
— Ky. Rev. Stat. § 437.016(l)(f) — 6 cases
City of Houston v. Hill, 482 U.S. 451 (1987). “" Ky. Rev. Stat. § 437.016(1)(f) (Supp. 1968); see 407 U.”
Polk v. State, 835 A.2d 575 (Md. 2003). “Compare § 121(b)(3) ("[a] person may not willfully fail to obey a reasonable and lawful order that a law enforcement officer makes to prevent a disturbance to the public peace") with Ky.Rev.Stat. § 437.016(1)(f) (Supp.1968) ("[a] person is guilty of disorderly conduct if, with…”
State v. Immelt, 267 P.3d 305 (Wash. 2011). “at 108-09 (affirming conviction under statute prohibiting *37 conduct done “ ‘to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof’ ” (quoting former Ky. Rev. Stat. § 437.016(l)(f) (1968))). In accord with the First Amendment, article I,…”
Martin v. City of Oklahoma City, 180 F. Supp. 3d 978 (W.D. Okla. 2016). “1953 (quoting Ky. Rev. Stat. § 437.016(l)(f) (Supp. 1968)).”
Commonwealth v. DeFrancesco, 393 A.2d 321 (Pa. 1978). “[4] Colten was convicted of violating Ky.Rev.Stat. § 437.016(1)(f) (Supp. 1968), which states: "(1) A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: * * * * * * "(f) Congregates…”
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