Ohio Revised Code

Ohio Rev. Code § 2917.04 (2026)

Failure to disperse

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Effective:

March 22, 2004

Latest Legislation:

Senate Bill 57 - 125th General Assembly

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(A) Where five or more persons are participating in a course of disorderly conduct in violation of section 2917.11 of the Revised Code, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order.

(B) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.

(C)(1) Whoever violates this section is guilty of failure to disperse.

(2) Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor misdemeanor.

(3) Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in division (A) of this section creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1962–2024 · leading case: State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176.

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State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “211; failure to disperse in violation of R.C. 2917.04; interference with custody in violation of R.”

State v. Cantu, 272 N.E.2d 154 (Ohio Ct. App. 4th Dist. 1971). · cites it 2× “Included therein is a proposed Revised Code Section 2917.04, which would provide in part: “(A) Where five or more persons are participating in a course of disorderly conduct in violation of Section 2917.”

Akron v. Beasley, 2024-Ohio-3089. · cites it 4× “11 of the Revised Code, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the…”

State v. Lamonge, 191 N.E.2d 207 (Ohio Ct. App. 1962). · cites it 2× “The officials of the two construction companies were granted immunity under Section 2917.04, Revised Code. Two of these'men did not seem to be strangers to the type of operation carried on in Warren.”

State v. Prato, 206 N.E.2d 917 (Ohio Ct. App. 1965). · cites it 2× “ever paid any money or given anything of value to any public official — and by public official I mean a mayor, a councilman, a sheriff, a prosecuting attorney, a police officer, a member of any legislature, or any person in the public employment — for the reason or for the…”

Ohio Rev. Code § 2917.04(A): 1 case

Akron v. Beasley, 2024-Ohio-3089. “11 of the Revised Code, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the…”

Ohio Rev. Code § 2917.04(C)(3): 1 case

Akron v. Beasley, 2024-Ohio-3089. “11 of the Revised Code, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the…”

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