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Is disorderly conduct a crime in New York?


Disorderly conduct is a criminal offense in New York as it is in many other states. This law exists to prevent disruptive behaviors that annoy, upset or inconvenience the public.

New York statutes outlaw other offenses against the public order, including riots and disrupting funerals and religious services.

Disorderly conduct

According to New York law, the following behaviors and actions may result in disorderly conduct charges:

  • Fighting or otherwise being threatening or violent
  • Using abusive or obscene gestures or language in public
  • Blocking pedestrian or vehicular traffic
  • Making unreasonably loud or annoying noises
  • Disturbing lawful meetings or assemblies
  • Refusing a police officer’s order to leave a public place

Disorderly conduct is a violation that is punishable by a fine and 15 days in jail. A violation does not create or show up in criminal records.


There are several classes of rioting. A second-degree riot offense involves four or more people engaging in violent and tumultuous conduct. This conduct must recklessly or intentionally cause or create a risk of public alarm. This is a class A misdemeanor punishable by a $1,000 fine and one year of jail time.

A first-degree riot differs from a second-degree riot in that it involves ten or more people and causes significant property damage or physical harm to someone other than a participant. This is a class E felony punishable by a $5,000 fine and four years of imprisonment.

Disrupting funerals and religious services

It is against the law to make unreasonable noise or disturb a religious service, memorial, burial or funeral. This is a class A misdemeanor punishable by $1,000 in fines and one year in jail.

Do not consider this information legal advice – it is educational only.