Tennessee Code Annotated
Tenn. Code Ann. § 39-17-305 (2026)
Disorderly conduct
✓ current as of May 2026
- (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
- (1) Engages in fighting or in violent or threatening behavior;
- (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
- (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
- (b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
- (c) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 46
cases (9 in the last 5 years), 1994–2026 · leading case: State of Tennessee v. Teddy Ray Mitchell, 343 S.W.3d 381 (Tenn. 2011).
State of Tennessee v. Teddy Ray Mitchell, 343 S.W.3d 381 (Tenn. 2011). “]” Tenn. Code Ann. § 39-17-305 (a)(1). The Court of Criminal Appeals, however, concluded that the video recordings “belie[d] the officers’ testimony in very significant ways” and were “void of any actions .”
State v. Creasy, 885 S.W.2d 829 (Tenn. Crim. App. 1994). “Tennessee’s disorderly conduct statute, T.C.A. § 39-17-305, provides in part as follows: (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey…”
City of Chicago v. Morales, 527 U.S. 41 (1999). “Codified Laws § 22-10-11 (1998); Tenn. Code Ann. § 39-17-305 (2) (1997); Tex.”
State v. Moore, 77 S.W.3d 132 (Tenn. 2002). “Accordingly, the judgment of the Court of Criminal Appeals is reversed, and the cause is remanded for a new trial in accordance with this opinion.”
State v. Wilson, 990 S.W.2d 726 (Tenn. Crim. App. 1998). “Tenn.Code Ann. § 39-17-305. The trial judge court convicted the defendant under subpart (b), which requires that the defendant make unreasonable noise which prevents others from carrying on lawful activities.”
State v. Roberts, 106 S.W.3d 658 (Tenn. Ct. App. 2002). “Pursuant to this section, “[a] person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior.”
State of Tennessee v. Joshua Daniel Gibbons (Tenn. Crim. App. 2026). “” See Tenn. Code Ann. § 39-17-305 (a)(3). The State asked the trial court to provide instructions on the mental states of “intentionally, knowingly, and recklessly” in conjunction with both subsections.”
Cole v. Barnes, 128 F. Supp. 3d 1002 (M.D. Tenn. 2015). “Tenn.Code Ann. § 39-17-305 (West 2015). In his affidavit in support of the application for an arrest warrant, Barnes stated that: To wit: Said Defendant did with intent to cause public annoyance or alarm, placed [sic] fixtures in the front yard of 403 Adams Avenue which are…”
State of Tennessee v. Gary Lynn Harvey (Tenn. Crim. App. 2010). “Tenn. Code Ann. § 39-17-305 . Appellant asserts that subsection (b) is merely a continuation of subsection (a), and thus a (b) violation requires proof of all of the elements listed in (a).”
State of Tennessee v. Shane M. McAnally, 209 S.W.3d 639 (Tenn. Crim. App. 2006). “” T.C.A. § 39-17-305(a)(3) (2003). These are the facts as presented by the prosecution in this case.”
State of Tennessee v. Kenneth D. Melton (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 39-17-305 (1997), the statute proscribing disorderly conduct, provides: (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in .”
State of Tennessee v. James Lyon, II (Tenn. Ct. App. 2013). “DISCUSSION In this case, it is alleged that the Juvenile engaged in disorderly conduct, addressed in Tennessee Code Annotated section 39-17-305: (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or…”
— Tenn. Code Ann. § 39-17-305(a)(1) — 5 cases
Hayes v. White (E.D. Tenn. 2025).
State of Tennessee v. Teddy Ray Mitchell - Dissenting (Tenn. Crim. App. 2010).
State of Tennessee v. Teddy Ray Mitchell (Tenn. Crim. App. 2010).
State of Tennessee v. Dennis Haughton Webber (Tenn. Crim. App. 2015).
Carruth v. City of Etowah, 892 S.W.2d 833 (Tenn. Ct. App. 1994).
— Tenn. Code Ann. § 39-17-305(a)(3) — 6 cases
State of Tennessee v. Joshua Daniel Gibbons (Tenn. Crim. App. 2026). “” See Tenn. Code Ann. § 39-17-305 (a)(3). The State asked the trial court to provide instructions on the mental states of “intentionally, knowingly, and recklessly” in conjunction with both subsections.”
State of Tennessee v. Shane M. McAnally, 209 S.W.3d 639 (Tenn. Crim. App. 2006). “” T.C.A. § 39-17-305(a)(3) (2003). These are the facts as presented by the prosecution in this case.”
State of Tennessee v. George Harris Patterson, III (Tenn. Crim. App. 2026).
State of Tennessee v. Tamabe Trinise Leke (Tenn. Crim. App. 2010).
State of Tennessee v. Shane M. McAnally - Dissenting (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 39-17-305(a)(l) — 3 cases
State of Tennessee v. Teddy Ray Mitchell, 343 S.W.3d 381 (Tenn. 2011). “]” Tenn. Code Ann. § 39-17-305 (a)(1). The Court of Criminal Appeals, however, concluded that the video recordings “belie[d] the officers’ testimony in very significant ways” and were “void of any actions .”
State v. Creasy, 885 S.W.2d 829 (Tenn. Crim. App. 1994). “Tennessee’s disorderly conduct statute, T.C.A. § 39-17-305, provides in part as follows: (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey…”
State v. Roberts, 106 S.W.3d 658 (Tenn. Ct. App. 2002). “Pursuant to this section, “[a] person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior.”
— Tenn. Code Ann. § 39-17-305(b) — 8 cases
State of Tennessee v. Joshua Daniel Gibbons (Tenn. Crim. App. 2026). “” See Tenn. Code Ann. § 39-17-305 (a)(3). The State asked the trial court to provide instructions on the mental states of “intentionally, knowingly, and recklessly” in conjunction with both subsections.”
State of Tennessee v. Gary Lynn Harvey (Tenn. Crim. App. 2010). “Tenn. Code Ann. § 39-17-305 . Appellant asserts that subsection (b) is merely a continuation of subsection (a), and thus a (b) violation requires proof of all of the elements listed in (a).”
Cole v. Barnes, 128 F. Supp. 3d 1002 (M.D. Tenn. 2015). “Tenn.Code Ann. § 39-17-305 (West 2015). In his affidavit in support of the application for an arrest warrant, Barnes stated that: To wit: Said Defendant did with intent to cause public annoyance or alarm, placed [sic] fixtures in the front yard of 403 Adams Avenue which are…”
State of Tennessee v. Timothy Lewayne Morton (Tenn. Crim. App. 2016).
State of Tennessee v. Arlene T. Pugh aka Arlene McFadden (Tenn. Crim. App. 2020).
— Tenn. Code Ann. § 39-17-305(c) — 3 cases
Hayes v. White (E.D. Tenn. 2025).
Carruth v. City of Etowah, 892 S.W.2d 833 (Tenn. Ct. App. 1994).
State of Tennessee v. Buford C. Throneberry (Tenn. Crim. App. 2009).
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