574.010. Peace disturbance — penalty. — 1. A person commits the offense of peace disturbance if he or she:
(1) Unreasonably and knowingly disturbs or alarms another person or persons by:
(a) Loud noise; or
(b) Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or
(c) Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or
(d) Fighting; or
(e) Creating a noxious and offensive odor;
(2) Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:
(a) Vehicular or pedestrian traffic; or
(b) The free ingress or egress to or from a public or private place.
2. The offense of peace disturbance is a class B misdemeanor upon the first conviction. Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor. Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.
Notes of Decisions
Cited in
30
cases (
5 in the last 5 years), 1982–2021 · leading case:
State v. Swoboda, 658 S.W.2d 24 (Mo. 1983).
State v. Swoboda, 658 S.W.2d 24 (Mo. 1983).
· cites it 26× “Robert Swoboda, charged with peace disturbance, section 574.010, RSMo 1979, [1] was convicted by the court and sentenced to pay a fine of $250 plus costs.”
State v. Koetting, 691 S.W.2d 328 (Mo. Ct. App. 1985).
· cites it 8× “010 RSMo 1979 could not have been saved by assert *332 ing the compelling state interest of protecting substantial privacy interests.”
In the Interest of D.J.M., 259 S.W.3d 533 (Mo. 2008).
· cites it 14× “’s conduct would be a misdemeanor peace disturbance pursuant to section 574.010 1 if committed by an adult and ordered supervision and treatment.”
State v. Turner, 48 S.W.3d 693 (Mo. Ct. App. 2001).
· cites it 13× “Billy Turner appeals his conviction following bench trial for peace disturbance, section 574.010, RSMo 2000, and suspended sentence of six months in the county jail.”
James Ross v. City of Jackson, 897 F.3d 916 (8th Cir. 2018).
“At some point during that period, Ross was formally charged with the class B misdemeanor of "Peace Disturbance" under Mo. Rev. Stat. § 574.010 (1)(c) (2015). On April 7, 2015, the charges against Ross were formally dismissed.”
Green v. Missouri, 734 F. Supp. 2d 814 (E.D. Mo. 2010).
· cites it 2× “Section 574.010 of the Missouri Revised Statutes provides: 1.”
Perkins v. Bridgeton Police Dept., 549 S.W.3d 504 (Mo. Ct. App. 2018).
· cites it 2× “075; or (3) Any class B or C misdemeanor offense of section 574.010. The current version of Section 610.”
State v. Carpenter, 736 S.W.2d 406 (Mo. 1987).
· cites it 2× “On January 29, 1986, respondent was charged with three counts of peace disturbance in violation of section 574.010. Those counts, in pertinent part, read: Count I [T]he defendant unreasonably and knowingly disturbed or caused alarm to Dawn Mead by threatening to commit the crime…”
State v. Furne, 642 S.W.2d 614 (Mo. 1982).
“The former is a misdemean- or under state statute, see § 574.010, and the latter apparently is a violation of a local ordinance.”
State v. Franklin, 307 S.W.3d 205 (Mo. Ct. App. 2010).
· cites it 2× “See section 574.010. Unless otherwise indicated, all statutory references are to RSMo 2000.”
State of Missouri v. Andrew Johnson, 456 S.W.3d 497 (Mo. Ct. App. 2015).
“In his third point, Appellant contends the trial court erred in denying Appellant’s request to present evidence as to Missouri Revised Statutes Sections 574.010 1 and 565.130, governing peace disturbance and unlawful imprisonment, respectively, in that the defense should have…”
State v. Fondren, 810 S.W.2d 685 (Mo. Ct. App. 1991).
“Lupo was convicted pursuant to RSMo § 574.010 (1986), which in relevant part provides: *688 574.”
Mo. Rev. Stat. § 574.010(1)(c): 1 case
Mo. Rev. Stat. § 574.010(2): 1 case
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