A. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
1. In any street, highway, or public building, or while in or on a public conveyance, or while in a public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed;
2. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society, or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or
3. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.
B. The conduct prohibited under subsection A shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.
C. The person in charge of any such building, place, conveyance, meeting, operation, or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
D. The provisions of this section shall not apply to any elementary or secondary school student if the disorderly conduct occurred on the property of any elementary or secondary school, on a school bus as defined in § 46.2-100, or at any activity conducted or sponsored by any elementary or secondary school.
E. The governing bodies of counties, cities, and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section is guilty of a Class 1 misdemeanor.
Code 1950, §§ 18.1-239, 18.1-240, 18.1-253.1 through 18.1-253.3; 1960, c. 358; 1968, c. 639; 1969, Ex. Sess., c. 2; 1970, c. 374; 1975, cc. 14, 15; 1976, c. 244; 1990, c. 627; 2006, c. 250; 2020, cc. 199, 355.
Notes of Decisions
Cited in
56
cases (
15 in the last 5 years), 1979–2026 · leading case:
Battle v. Commonwealth, 647 S.E.2d 499 (Va. Ct. App. 2007).
Battle v. Commonwealth, 647 S.E.2d 499 (Va. Ct. App. 2007).
· cites it 25× “Convicted of disorderly conduct in violation of Code § 18.2-415, Rasheik K. Battle argues on appeal that, even after giving the Commonwealth the benefit of all reasonable inferences, the factual record does not support the conviction because the statute specifically excludes…”
Commonwealth v. Gregg, 811 S.E.2d 254 (Va. 2018).
· cites it 4× “See Code § 18.2-415 (providing that "conduct prohibited under subdivision A, B or C of this section shall not be deemed .”
Keyes v. City of Virginia Beach, 428 S.E.2d 766 (Va. Ct. App. 1993).
· cites it 8× “if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) In any street, highway, ... or while... in a public place, engages in conduct having a direct tendency to cause acts of violence by the person .”
Debroux v. Commonwealth, 528 S.E.2d 151 (Va. Ct. App. 2000).
· cites it 8× “It contends the officers had probable cause to arrest appellant for disorderly conduct pursuant to Code § 18.2-415 and were entitled to search him incident to that arrest.”
A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018).
· cites it 4× “'s arraignment, the Commonwealth's Attorney amended the charge to disorderly conduct, in violation of Code § 18.2-415. A.R.A. pled guilty to the disorderly conduct charge.”
Marttila v. City of Lynchburg, 535 S.E.2d 693 (Va. Ct. App. 2000).
· cites it 6× “It also held that, even if the statements regarding the amount of verbal abuse police officers are required to absorb under the First Amendment were *597 applicable, the evidence, viewed in the light most favorable to the Commonwealth, “has .”
Aaron Tobey v. Terri Jones, 706 F.3d 379 (4th Cir. 2013).
“Tobey was then taken to the RIC police station where Officer Vann and other officers questioned Mr. Tobey and threatened him with various criminal sanctions.”
Ford v. City of Newport News, 474 S.E.2d 848 (Va. Ct. App. 1996).
· cites it 2× “Compare Code § 18.2-415. The requirement that the defendant’s actions or behavior, in order to constitute disorderly conduct, must have “a direct tendency to cause acts of violence” is dictated by concern for First Amendment free speech protections: [T]he First Amendment…”
Harrison v. Prince William Cnty. Police Dep't, 640 F. Supp. 2d 688 (E.D. Va. 2009).
· cites it 2× “Virginia’s disorderly conduct statute is at Va.Code Ann. § 18.2-415. 2 . Plaintiff voluntarily dismissed the first complaint on February 14, 2008.”
Patrick J. Mannix, s/k/a Patrick J.Mannix,Sr. v. CW, 522 S.E.2d 885 (Va. Ct. App. 2000).
· cites it 6× “Section 18.2-415 provides that: 1 *279 [a] person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: A.”
Tobey v. Napolitano, 808 F. Supp. 2d 830 (E.D. Va. 2011).
· cites it 2× “4 Vann then delivered to Plaintiff a summons charging disorderly conduct in a public place, in violation of Virginia Code Section 18.2-415. Vann allegedly explained to Plaintiff the summons, the nature of the crime, and the potential consequences if Plaintiff failed to appear in…”
Howard v. City of Roanoke, 654 S.E.2d 322 (Va. Ct. App. 2007).
· cites it 8× “This ordinance parallels the language in Code § 18.2-415, which also authorizes “[t]he governing bodies of counties, cities and towns .”
— Va. Code Ann. § 18.2-415(A) — 8 cases
Patrick J. Mannix, s/k/a Patrick J.Mannix,Sr. v. CW, 522 S.E.2d 885 (Va. Ct. App. 2000).
“Section 18.2-415 provides that: 1 *279 [a] person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: A.”
— Va. Code Ann. § 18.2-415(A)(1) — 2 cases
— Va. Code Ann. § 18.2-415(B) — 3 cases
Patrick J. Mannix, s/k/a Patrick J.Mannix,Sr. v. CW, 522 S.E.2d 885 (Va. Ct. App. 2000).
“Section 18.2-415 provides that: 1 *279 [a] person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: A.”
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