Colorado Case Law on Disorderly Conduct
Colorado state law prohibits disorderly conduct in public. Under Colorado law, the crime of disorderly conduct covers a broad range of behavior, including making obscene gestures and loud noises, engaging in a public fight, and the display or discharge of a weapon in public.
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Penalties
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The range of penalties for disorderly conduct in Colorado depends on the underlying criminal act. If convicted for a breach of the peace (such as an offensive gesture), the maximum penalty is six months jail time and a $500 fine. If convicted for fighting in public, the maximum penalty is six months jail time and a fine between $50 and $750.
Free Speech
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A significant issue with the case law on disorderly conduct is whether the statute violates First Amendment protections on free speech. In Hansen v. People, 548 P.2d 1278 (1976), the Colorado Supreme Court concluded that the statute applies to speech and "expression closely akin to speech." Furthermore, in Aguilar v. People, 886 P.2d 725 (Colo. 1994), the Colorado Supreme Court struck down another portion of the disorderly conduct statute which prohibited conduct that "abuses or threatens a person in a public place in an obviously offensive manner" because it was overbroad and chilled the exercise of First Amendment rights.
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Public Places
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Another major issue with the case law on disorderly conduct is whether an act has taken place in public. In People v. Czajkowski, 568 P.2d 23 (1977), the Colorado Supreme Court held that displaying a deadly weapon in an alarming manner did not require members of the public to be "in fear of imminent serious bodily injury." Furthermore, in U.S. v. Wright, 864 F. Supp. 1013 (D.Colo. 1994), the federal district court determined that places mentioned in other statutes (such as a veteran's hospital) were not a "public place," and therefore threats made to the staff of a veterans hospital could not be considered disorderly conduct.
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