Disorderly Conduct Offenses and Penalties
Colorado law classifies several different types of offenses as disorderly conduct.
Disorderly Conduct
The first type of offense that falls in this category is standard disorderly conduct, which involves making an offensive or obscene utterance in public or unreasonable noise near to private homes. According to Colorado Revised Statutes §18-9-106, traditional disorderly conduct is a class 1 petty offense with possible penalties ranging from fines up to $1,000 and up to six months imprisonment.
Likewise, Colorado law also outlaws fighting in public, with violations categorized as class 3 misdemeanors. Penalties range from up to six months in jail, up to $50 in fines, or both.
If someone threatens to fire or fires a weapon in public, the offense is a class 2 misdemeanor. Penalties include a minimum of six and up to 12 months imprisonment and between $250 and $1,000 in fines.
It’s important to note that disorderly conduct offenses described here are at the state level. Meaning, these charges are brought in county court, typically. But cities and counties may have their own ordinances that would be just as applicable and carry a wide range of differing penalties from what is described here. A skilled Greenwood Village attorney can help you navigate the complicated system.
Public Nuisance
In addition to Disorderly Conduct charges under Title 18, Title 16 of the Colorado statutes provides for additional charges pertaining to “public nuisances.” Public nuisances can be class 1, 2, 3, or 4, depending on the severity and type of the alleged conduct.
Class 1 public nuisances under C.R.S. 16-13-303 includes designation of real estate and vehicles as public nuisances when used to violate the law. Most notably, you’ll find places used for prostitution, illegal gambling, illegal manufacture/sale/distribution of controlled substances on the list here. These pieces of property are subject to seizure, confiscation, and forfeiture.
Any behavior that disturbs the peace in a public place or near a residential location could qualify as a class 2 public nuisance under C.R.S. §16-13-304. In addition, actions such as gambling, serving liquor to minors and drug dealing also fall under this offense. Penalties depend on the nature of the individual’s conduct and any damages they inflict but could include imprisonment and fines.
Class 3 public nuisances are usually those involving pollution or repeatedly posing a hazard or danger to the public (including inhabitable properties). Class 4 public nuisances are situations where individuals continue to practice in a profession in which they are not licensed. These sorts of things are more likely to result in cease and desist orders than actual criminal penalties.
