ORS 166.025
Disorderly conduct in the second degree


(1)

A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

(a)

Engages in fighting or in violent, tumultuous or threatening behavior;

(b)

Makes unreasonable noise;

(c)

Disturbs any lawful assembly of persons without lawful authority;

(d)

Obstructs vehicular or pedestrian traffic on a public way;

(e)

Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

(f)

Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.

(2)

Intentionally left blank —Ed.

(a)

Disorderly conduct in the second degree is a Class B misdemeanor.

(b)

Notwithstanding paragraph (a) of this subsection, disorderly conduct in the second degree is a Class A misdemeanor if the crime is committed within 200 feet of the real property on which the person knows a funeral service is being conducted.

(3)

As used in this section, “funeral service” means a burial or other memorial service for a deceased person. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1; 2012 c.35 §1]

Source: Section 166.025 — Disorderly conduct in the second degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html.

Notes of Decisions

The term “unreasonable noise” is not so broad or vague that prosecution under this section violates due process of law or First Amendment rights. State v. Marker, 21 Or App 671, 536 P2d 1273 (1975)

Whether statement is “unreasonable noise” depends on whether statement is intended to be communicative or is merely guise for disturbing those present. State v. Marker, 21 Or App 671, 536 P2d 1273 (1975); State v. Atwood, 195 Or App 490, 98 P3d 751 (2004)

Phrase “hazardous or physically offensive” in this section is not unconstitutionally vague. State v. Clark, 39 Or App 63, 591 P2d 752 (1979), Sup Ct review denied, overruled on other grounds, 155 Or App 279, 963 P2d 739 (1998)

Disorderly conduct ordinance based on this section was not unconstitutionally vague. City of Cottage Grove v. Farmer, 42 Or App 21, 599 P2d 472 (1979)

Defendants who were disseminating literature to motorists on a public portion of a private road were subject to prosecution under this section. State v. Horn, 57 Or App 124, 643 P2d 1388 (1982)

“Fighting” and “violent, tumultuous or threatening behavior” describe physical acts of aggression, not speech, and in prohibiting such physical acts paragraph (1)(a) does not run afoul of Article I, section 8 of the Oregon Constitution. State v. Cantwell, 66 Or App 848, 676 P2d 353 (1984), Sup Ct review denied

Paragraph (1)(a) makes unlawful only use of physical force or physical conduct which is immediately likely to produce use of such force and which is intended to create or recklessly creates risk of public inconvenience, annoyance or alarm and, so construed, is not void for vagueness on its face. State v. Cantwell, 66 Or App 848, 676 P2d 353 (1984), Sup Ct review denied

Under this section, forbidden intent means intent to cause certain public discomfiture, whether or not defendant is successful. State v. Sargent, 74 Or App 50, 701 P2d 484 (1985)

Justifiable fighting could not, without more, provide basis for disorderly conduct conviction. State v. DeLaura, 75 Or App 655, 706 P2d 1011 (1985)

Defendants, who blocked forest road to protest logging activities and were convicted of disorderly conduct, did not show emergency necessary to support choice-of-evils defense to charge of violation of this section. State v. Hund, 76 Or App 89, 708 P2d 621 (1985), Sup Ct review denied

Offense does not require creation of actual public inconvenience, annoyance or alarm or that particular number of persons be affected. State v. Willy, 155 Or App 279, 963 P2d 739 (1998)

“Lawful order” means police officer order that is authorized by and is not contrary to substantive law. State v. Ausmus, 336 Or 493, 85 P3d 864 (2004)

Statute is unconstitutionally overbroad in punishing persons who continue to congregate after abandoning damaging or harmful activity that made order to disperse lawful. State v. Ausmus, 336 Or 493, 85 P3d 864 (2004)

Inclusion of intent as requisite mental state prevents local ordinances from imposing more restrictive prohibition against obstructing vehicular or pedestrian traffic on public way. State v. Robison, 202 Or App 237, 120 P3d 1285 (2005)

Whether speech may properly be restrained as “unreasonable noise” depends on whether restraint is applied to inhibit noncommunicative elements of activity such as time, manner or place or to stifle expression. State v. Rich, 218 Or App 642, 180 P3d 744 (2008)

Evidence that defendant’s participation in fight that occurred solely in confines of trailer was insufficient to establish that defendant recklessly created risk of “public inconvenience, annoyance or alarm” sufficient to justify charge of disorderly conduct under this section. State v. Love, 271 Or App 545, 351 P3d 780 (2015)

“Public” as used in this section refers to intent to inconvenience, annoy or alarm community in general, whether or not conduct occurred in public place. State v. Love, 271 Or App 545, 351 P3d 780 (2015)

Whether odor of marijuana smoke is “physically offensive condition” under this section depends on totality of circumstances, including nature, duration, intensity, frequency and location of odor, which must be more than minimally unpleasant but need not be dangerous or harmful. State v. Lang, 273 Or App 113, 359 P3d 349 (2015)

Where defendant masturbated on public transit vehicle next to other passengers, exposed defendant’s genitals and yelled at passengers, defendant did not commit disorderly conduct in second degree, which requires reasonable person exposed to defendant’s conduct to experience unpleasant sensory effects. State v. Hawkins, 280 Or App 26, 380 P3d 979 (2016)

To establish crime of second-degree disorderly conduct, statute requires state to plead and prove that defendant obstructed traffic with either specific intent to cause or reckless disregard for creating risk of public inconvenience, annoyance or alarm; statute does not require proof of additional mental state beyond one of alternative mental states specified in subsection (1) of this section. State v. West, 298 Or App 125, 445 P3d 1284 (2019), Sup Ct review denied

Attorney General Opinions

Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647

Law Review Citations

51 OLR 613-624 (1972)

166.005
Treason
166.015
Riot
166.023
Disorderly conduct in the first degree
166.025
Disorderly conduct in the second degree
166.065
Harassment
166.070
Aggravated harassment
166.075
Abuse of venerated objects
166.076
Abuse of a memorial to the dead
166.085
Abuse of corpse in the second degree
166.087
Abuse of corpse in the first degree
166.090
Telephonic harassment
166.095
Misconduct with emergency telephone calls
166.116
Interfering with public transportation
166.155
Bias crime in the second degree
166.165
Bias crime in the first degree
166.167
Community service as sentence for bias crime
166.170
State preemption
166.171
Authority of county to regulate discharge of firearms
166.172
Authority of city to regulate discharge of firearms
166.173
Authority of city or county to regulate possession of loaded firearms in public places
166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
166.175
Authority of city to regulate purchase of used firearms
166.176
Exception to preemption for certain county ordinances
166.180
Negligently wounding another
166.190
Pointing firearm at another
166.210
Definitions
166.220
Unlawful use of weapon
166.240
Carrying of concealed weapons
166.250
Unlawful possession of firearms
166.255
Possession of firearm or ammunition by certain persons prohibited
166.256
Relinquishment of firearm upon person becoming subject to certain court orders
166.257
Return of relinquished firearm
166.259
Relinquishment of firearm upon conviction of certain offenses
166.260
Persons not affected by ORS 166.250
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
166.263
Authority of parole and probation officer to carry firearm
166.270
Possession of weapons by certain felons
166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
166.273
Relief from firearm prohibitions related to mental health
166.274
Relief from prohibition against possessing or receiving firearm
166.275
Possession of weapons by inmates of institutions
166.279
Forfeiture of deadly weapons
166.282
Sale of weapons by political subdivision
166.291
Issuance of concealed handgun license
166.292
Procedure for issuing
166.293
Denial or revocation of license
166.295
Renewal of license
166.297
Annual report regarding revocation of licenses
166.300
Killing or injuring another with firearm as cause for loss of right to bear arms
166.320
Setting springgun or setgun
166.330
Use of firearms with other than incombustible gun wadding
166.350
Unlawful possession of armor piercing ammunition
166.360
Definitions for ORS 166.360 to 166.380
166.370
Possession of firearm or dangerous weapon in public building or court facility
166.373
Possession of weapon in court facility by peace officer or federal officer
166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member
166.377
Possession of firearms in certain public buildings by concealed handgun licensees
166.380
Examination of firearm by peace officer
166.382
Possession of destructive device prohibited
166.384
Unlawful manufacture of destructive device
166.385
Possession of hoax destructive device
166.390
Short title
166.392
Definitions
166.395
Securing firearms
166.397
Reporting loss or theft of firearm
166.400
Requirement that firearm be locked during transfer
166.403
Duty to supervise upon transfer of firearm to minor
166.405
Gun dealer notice requirement
166.410
Manufacture, importation or sale of firearms
166.412
Definitions
166.414
Fees for conducting criminal history record checks
166.416
Providing false information in connection with a transfer of a firearm
166.418
Improperly transferring a firearm
166.421
Stolen firearms
166.422
Enforcement of ORS 166.412
166.425
Unlawfully purchasing a firearm
166.427
Register of transfers of used firearms
166.429
Firearms used in felony
166.432
Definitions for ORS 166.412 and 166.433 to 166.441
166.433
Findings regarding transfers of firearms
166.434
Requirements for criminal background checks
166.435
Firearm transfers by unlicensed persons
166.436
Department of State Police criminal background checks for gun show firearm transfers
166.438
Transfer of firearms at gun shows
166.441
Form for transfer of firearm at gun show
166.445
Short title
166.450
Obliteration or change of identification number on firearms
166.460
Antique firearms excepted
166.470
Limitations and conditions for sales of firearms
166.480
Sale or gift of explosives to children
166.490
Purchase of firearms in certain other states
166.525
Definitions
166.527
Petition for ex parte order
166.530
Hearing on order
166.533
Hearing to terminate order
166.535
Renewal of order
166.537
Surrender of deadly weapons pursuant to order
166.540
Return of surrendered deadly weapons
166.543
Criminal penalties
166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility
166.635
Discharging weapon or throwing objects at trains
166.638
Discharging weapon across airport operational surfaces
166.641
Definitions for ORS 166.641 to 166.643
166.642
Felon in possession of body armor
166.643
Unlawful possession of body armor
166.645
Hunting in cemeteries prohibited
166.649
Throwing an object off an overpass in the second degree
166.651
Throwing an object off an overpass in the first degree
166.660
Unlawful paramilitary activity
166.663
Casting artificial light from vehicle while possessing certain weapons prohibited
166.715
Definitions for ORS 166.715 to 166.735
166.720
Racketeering activity unlawful
166.725
Remedies for violation of ORS 166.720
166.730
Authority of investigative agency
166.735
Short title
Green check means up to date. Up to date