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NY Penal Law § 240.20: Disorderly Conduct
Disorderly conduct, NY Penal Law § 240.20, covers fighting, unreasonable noise, obscene language in public, blocking traffic, refusing to disperse and similar public behavior. It is a violation, not a crime, which is why it is also one of the most common plea bargains on Long Island: many criminal charges are resolved by a plea to disorderly conduct. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles disorderly conduct charges and negotiations in Nassau County and Suffolk County courts.
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NY Penal Law § 240.20 at a glance
| Disorderly conduct | |
|---|---|
| Statute | NY Penal Law § 240.20 |
| Charge level | Violation (not a crime) |
| Maximum jail term | Up to 15 days |
| Criminal record | A violation conviction is not a criminal conviction, and the record is generally sealed |
| Common use | A reduced plea in place of a misdemeanor or felony |
What NY Penal Law § 240.20 says
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Disorderly conduct is a violation.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You did one of the seven things listed in the statute.
- You intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of it. A purely private dispute, with no public impact, may not qualify.
Penalties for disorderly conduct
| Outcome | What it means |
|---|---|
| Jail | Up to 15 days, though jail is uncommon. |
| Fine | Up to $250, plus a mandatory surcharge. |
| Conditional discharge | A common sentence: no further penalty if you stay out of trouble for a set period. |
| Record | Disorderly conduct is a violation, not a crime. The record of a violation conviction is generally sealed. |
Disorderly conduct is often the goal, not the problem. When you are charged with a misdemeanor or a felony, a plea to disorderly conduct can mean no criminal record.
Charged with disorderly conduct, or something more serious?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How disorderly conduct charges show up on Long Island
In the cases we’ve seen over the last two years, disorderly conduct comes up as an arrest charge in both counties, most often under subdivisions 1 (fighting or threatening behavior), 5 (obstructing traffic) and 7 (creating a hazardous condition).
Far more cases end in disorderly conduct than start with it. It is one of the most common reduced pleas for charges such as harassment, petit larceny, assault in the third degree and drug possession.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
Two people argue loudly in a parking lot after a minor car accident, and one pushes the other. Police charge one with harassment and disorderly conduct. Because there were onlookers and traffic was blocked, the public element may be met. The case resolves with a plea to disorderly conduct, a violation, and a conditional discharge, with no criminal record.
Defenses to a PL 240.20 charge
- No public element. A private argument with no public inconvenience, annoyance or alarm may not be disorderly conduct.
- Protected speech. Offensive words alone are often protected by the First Amendment unless they amount to true threats or fighting words.
- Lawful order. For refusing to disperse, the police order had to be lawful and you had to have a chance to comply.
- Self-defense. Defending yourself in a fight is not disorderly conduct.
Related offenses
- Harassment in the second degree (PL 240.26)
- Aggravated harassment in the second degree (PL 240.30)
- Resisting arrest (PL 205.30)
- What is a misdemeanor?
NY Penal Law § 240.20: frequently asked questions
Is disorderly conduct a crime in New York?
No. Disorderly conduct under Penal Law 240.20 is a violation, not a crime. It is punishable by up to 15 days in jail and a fine, and a violation conviction is not a criminal conviction.
Will disorderly conduct show up on a background check?
The record of a violation conviction such as disorderly conduct is generally sealed in New York, so it should not appear on most background checks. Fingerprint-based checks for certain jobs and licenses can be different.
Why do lawyers try to get charges reduced to disorderly conduct?
Because it is a violation, not a crime. A plea to disorderly conduct can resolve a misdemeanor or even a felony arrest without a criminal record.
What are the ways disorderly conduct can be charged?
Fighting or threatening behavior, unreasonable noise, obscene language or gestures in public, disturbing a lawful meeting, obstructing traffic, refusing a lawful order to disperse, or creating a hazardous condition, each with intent or recklessness as to public inconvenience, annoyance or alarm.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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