76-9-102.  Disorderly conduct.

(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-9-102

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
(a)  “Official meeting” means:

(i)  a meeting, as defined in Section 52-4-103;

(ii)  a meeting of the Legislature, the Utah Senate, the Utah House of Representatives, a legislative caucus, or any committee, task force, working group, or other organization in the state legislative branch; or

(iii)  a meeting of an entity created by the Utah Constitution, Utah Code, Utah administrative rule, legislative rule, or a written rule or policy of the Legislative Management Committee.

(b)  “Public place” means a place to which the public or a substantial group of the public has access, including:

(i)  streets or highways; and

(ii)  the common areas of schools, hospitals, apartment houses, office buildings, public buildings, public facilities, transport facilities, and shops.

(2)  An individual is guilty of disorderly conduct if:

(a)  the individual refuses to comply with the lawful order of a law enforcement officer to move from a public place or an official meeting, or knowingly creates a hazardous or physically offensive condition, by any act that serves no legitimate purpose; or

(b)  intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of public inconvenience, annoyance, or alarm, the person:

(i)  engages in fighting or in violent, tumultuous, or threatening behavior;

(ii)  makes unreasonable noises in a public place or an official meeting;

(iii)  makes unreasonable noises in a private place which can be heard in a public place or an official meeting; or

(iv)  obstructs vehicular or pedestrian traffic in a public place or an official meeting.

(3)  The mere carrying or possession of a holstered or encased firearm, whether visible or concealed, without additional behavior or circumstances that would cause a reasonable person to believe the holstered or encased firearm was carried or possessed with criminal intent, does not constitute a violation of this section. Nothing in this Subsection (3) may limit or prohibit a law enforcement officer from approaching or engaging any person in a voluntary conversation.

(4)  An individual who violates this section is guilty of:

(a)  except as provided in Subsection (4)(b), (c), or (d), an infraction;

(b)  except as provided in Subsection (4)(c) or (d), a class C misdemeanor, if the violation occurs after the individual has been asked to cease conduct prohibited under this section;

(c)  except as provided in Subsection (4)(d), a class B misdemeanor, if:

(i)  the violation occurs after the individual has been asked to cease conduct prohibited under this section; and

(ii)  within five years before the day on which the individual violates this section, the individual was previously convicted of a violation of this section; or

(d)  a class A misdemeanor, if:

(i)  the violation occurs after the individual has been asked to cease conduct prohibited under this section; and

(ii)  within five years before the day on which the individual violates this section, the individual was previously convicted of two or more violations of this section.

Amended by Chapter 394, 2020 General Session

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