(a) A person is guilty of disorderly conduct, if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or (3) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the defendant. (b) As used in this Section, Apublic@ means affecting or likely to affect persons in a place to which the public or a substantial group has access. Among the places included are
highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. (c) An offense under this Section is a petty misdemeanor if the defendant's intent is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation. SOURCE: G.P.C. §§ 375, 415, 415a, 416; See also §§ 229, 403b, 407; *M.P.C. § 250.2; Cal. § 1225 (1971); Mass. ch. 269, § 3; N.J. § 2C:33-2. CROSS-REFERENCES: § 61.10 Riot. COMMENT: § 61.15 covers the same general ground as former Guam PC §§ 415 and 415a, proscribing the most common types of misbehavior by which individuals can make a public nuisance of themselves. The Section makes certain changes in the former language in an attempt to more sharply distinguish between criminal and non-criminal acts. For example, Subsection (a)(2) refers to Aunreasonable@ noise while former law referred to Aloud@ noise. Under this Section, a speaker cannot be held liable criminally for utterances which are provocative merely on account on of the ideas expressed.