Minnesota Statutes

Minn. Stat. § 609.72 (2026)

Disorderly Conduct

✓ current as of May 2026
Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Crime.

Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

(1) engages in brawling or fighting; or

(2) disturbs an assembly or meeting, not unlawful in its character; or

(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure.

[See Note.]

Subd. 2.

[Repealed, 1969 c 226 s 1]

Subd. 3.Caregiver; penalty for disorderly conduct.

A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

Notes of Decisions
Cited in 95 cases (10 in the last 5 years), 1972–2025 · leading case: State v. Hensel, 901 N.W.2d 166 (Minn. 2017).
State v. Hensel, 901 N.W.2d 166 (Minn. 2017). · cites it 46× “us to determine whether the part of Minnesota’s disorderly-conduct statute that prohibits “disturb[ing]” assemblies or meetings, Minn. Stat. § 609.72 , subd. 1(2) (2016), is unconstitutional pnder the First Amendment to the United States Constitution.”
Baribeau v. City of Minneapolis, 596 F.3d 465 (8th Cir. 2010). · cites it 16× “Minn.Stat. § 609.72, subd. 1. The plaintiffs assert that there was no probable cause for their arrest *475 because Minnesota's disorderly conduct statute is subject to a narrowing construction which excludes their conduct.”
State of Minnesota v. Robin Lyne Hensel, 874 N.W.2d 245 (Minn. Ct. App. 2016). · cites it 49× “On appeal from her conviction of disorderly conduct for disturbing a city council meeting, appellant argues that (1) Minn. Stat. § 609.72 , subd. 1(2), violates the First Amendment,-(2) the district court erred by denying her requested jury instructions, and (8) the evidence is…”
State v. Zais, 805 N.W.2d 32 (Minn. 2011). · cites it 14× “” Minn.Stat. § 609.72, subd. 1 (2010). Zais’s wife was the only eyewitness to Zais’s conduct, and her testimony bears directly on whether the State can establish the elements of disorderly conduct.”
State v. Crawley, 819 N.W.2d 94 (Minn. 2012). · cites it 9× “, we examined the constitutionality of the disorderly conduct statute, Minn.Stat. § 609.72, subd. *106 1(3) (1976).”
John Hugh Gilmore v. City of Minneapolis, 837 F.3d 827 (8th Cir. 2016). · cites it 4× “Under Minneapolis’s local ordinance, a person may be arrested for disorderly conduct when he “engage[s] in, or prepare[s], attempt[s], offer[s] or threaten[s] to engage in, or assist[s] or conspire[s] with another to engage in, or congregate[s] because of, any riot, fight,…”
Matter of Welfare of A. J. B., 929 N.W.2d 840 (Minn. 2019). · cites it 4× “knowing or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace is guilty of disorderly conduct ...." In concluding that the statute was unconstitutionally overbroad, we relied heavily on the…”
State v. Pakhnyuk, 926 N.W.2d 914 (Minn. 2019). · cites it 2× “2(1) (2018), and disorderly conduct, Minn. Stat. § 609.72 , subd. 1(3) (2018).”
State v. Soukup, 656 N.W.2d 424 (Minn. Ct. App. 2003). · cites it 4× “Minn.Stat. § 609.72 (2000). The trial court found that appellant violated parenthetical (1), relating to brawling and fighting.”
In Re the Welfare of T.L.S., 713 N.W.2d 877 (Minn. Ct. App. 2006). · cites it 5× “ld(a) (2004), and disorderly conduct, in violation of Minn.Stat. § 609.72, subd. 1(3) (2004). T.”
Matter of Welfare of S. L. J., 263 N.W.2d 412 (Minn. 1978). · cites it 11× “Because we find that the conviction for disorderly conduct cannot stand under § 609.72, subd. 1(3), as narrowly construed to punish only “fighting words,” we reverse the finding of delinquency.”
State v. Baird, 654 N.W.2d 105 (Minn. 2002). · cites it 2× “Respondent Jeffrey Warren Baird was charged with disorderly conduct, fifth-degree assault, and third-degree assault, in violation of Minn.Stat. § 609.72, subd. 1 (1998), § 609.”
— Minn. Stat. § 609.72(1) — 1 case
State v. Mings, 289 N.W.2d 497 (Minn. 1980).
— Minn. Stat. § 609.72(1)(3) — 1 case
State of Minnesota v. Miranda Lynn Jones, 857 N.W.2d 550 (Minn. Ct. App. 2014).
— Minn. Stat. § 609.72(3) — 1 case
In re the Welfare of D.L.K., 362 N.W.2d 13 (Minn. Ct. App. 1985).
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.