Last Updated on June 27, 2025 by Beltz Law Group
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Disorderly Conduct Charges in Texas: Understanding Your Rights and Defenses
Beltz Law Group: 214-321-4105
It’s a common scenario: someone gestures rudely, perhaps “flips off” another driver or even a police officer, and finds themselves facing a disorderly conduct charge. The immediate question often is, “Is that actually illegal?” The answer, as with many legal issues, depends on the specific facts. However, in many cases, the answer is no.
This article aims to clarify what constitutes disorderly conduct in Texas, particularly concerning speech and gestures, and to help you understand your rights. If you have specific questions or need to discuss hiring a criminal defense lawyer for a disorderly conduct charge in North Texas, please feel free to call our office after reading this.
What is Disorderly Conduct in Texas? (Texas Penal Code § 42.01)
Texas law defines disorderly conduct broadly, covering various actions and behaviors in public places. A person commits this offense if they intentionally or knowingly engage in any of the following:
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disorderly conduct defense lawyer
Abusive Language/Gestures: Using abusive, indecent, profane, or vulgar language, or making an offensive gesture or display, in a public place, where such language or gesture tends to incite an immediate breach of the peace.
- Noxious Odor: Creating a noxious and unreasonable odor in a public place by chemical means.
- Threatening Behavior: Abusing or threatening a person in a public place in an obviously offensive manner.
- Unreasonable Noise: Making unreasonable noise in a public place (excluding certain sport shooting ranges) or in or near a private residence you don’t have a right to occupy. (Note: Noise is presumed unreasonable if it exceeds 85 decibels after notice from a magistrate or peace officer.)
- Fighting: Fighting with another person in a public place.
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Disorderly Conduct Fighting
Firearm Discharge: Discharging a firearm in a public place (excluding public roads or sport shooting ranges).
- Displaying a Weapon: Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm.
- Firearm Discharge on Road: Discharging a firearm on or across a public road.
- Public Indecency: Exposing one’s anus or genitals in a public place, being reckless about whether another may be present who will be offended or alarmed.
- Lewd Looking (Voyeurism): For a lewd or unlawful purpose:
- Entering another’s property and looking into a dwelling through a window or opening.
- While on hotel premises, looking into a guest room not your own through a window or opening.
- While in a public place, looking into a private area like a restroom, shower, or changing room.
Important Definitions & Defenses:
- “Public Place”: Includes public school campuses or school grounds.
- Defense for Threatening Conduct: It’s a defense if you had significant provocation for abusive or threatening conduct under Subsection (a)(4).
- Defense for Firearm Discharge: It’s a defense if you discharged a firearm due to a reasonable fear of bodily injury from a dangerous wild animal.
- Exclusions for Minors: Subsections (a)(1), (2), (3), (5), and (6) generally do not apply to students younger than 12 years of age if the conduct occurred on a public school campus during regular school hours.
- Space Flight Noise: Lawfully conducted space flight activities do not constitute “unreasonable noise.”
Penalties for Disorderly Conduct
Most disorderly conduct offenses are Class C Misdemeanors, punishable by a fine of up to $500.
However, if the offense involves:
- Discharging a firearm in a public place (a)(7)
- Displaying a firearm or deadly weapon to alarm (a)(8)
…then it is a Class B Misdemeanor, which can carry more severe penalties, including up to 180 days in jail and/or a fine of up to $2,000.
The “Flipping Off” Scenario and Free Speech
Disorderly Conduct Lawyer
Our criminal defense attorneys frequently encounter disorderly conduct charges stemming from a client “flipping off” another person or a police officer. This often falls under Texas Penal Code § 42.01(a)(2), which prohibits “offensive gestures or displays… tending to incite an immediate breach of the peace.”
As criminal defense attorneys, we are staunch defenders of free speech rights. While some speech and gestures may be shocking or rude, they are generally protected under the First Amendment of the U.S. Constitution. For a gesture or language to be illegal under disorderly conduct, it must constitute “fighting words.”
“Fighting Words” Defined by the Supreme Court:
The Supreme Court has clearly defined “fighting words” as those which, “by their very utterance inflict injury or tend to incite an immediate breach of the peace.” In simpler terms, these are personally abusive epithets that, when addressed to an ordinary citizen, are inherently likely to provoke a violent reaction.
Texas courts, interpreting Section 42.01, have consistently held that the statute applies only to “fighting words.” This means there must be an element of “actual or threatened violence” for a breach of the peace to occur. Whether an action or utterance constitutes “fighting words” is determined by the specific circumstances of each case.
Case Example: Brown v. Wilson (U.S. District Court, W.D. Texas, 2015)
Criminal Defense Lawyer North Texas
A significant case from Georgetown, Texas, illustrates this point. In Brown v. Wilson, a man was cited for disorderly conduct after “flipping off” a police officer while driving. The court ultimately ruled in favor of the man, explaining that his gesture, made through a closed window of a moving vehicle and not as part of a confrontational face-to-face exchange, did not amount to “fighting words.”
The court emphasized that:
- The First Amendment protects expressive conduct unless it would be “likely to provoke the average person to retaliation, and thereby cause a breach of the peace.”
- Police officers are generally expected to exercise a higher degree of restraint than the average citizen and are less likely to react belligerently to “fighting words.”
- Without any indication of “actual or threatened violence,” the gesture could not reasonably be interpreted as tending to incite an immediate breach of the peace.
This case powerfully demonstrates that simply being rude or offensive is generally not enough to warrant a disorderly conduct charge under the “offensive gesture” clause.
Evaluating Disorderly Conduct Charges
As criminal defense lawyers, understanding this constitutional standard is crucial because it directly protects our fundamental freedom of speech rights. While it’s generally advisable to avoid rude gestures, especially towards law enforcement, such actions should not, in most cases, be considered illegal. We all have a higher threshold for being “incited to violence” than a simple offensive gesture.
Therefore, while every case has unique facts, a simple act of “flipping the bird” will generally not meet the legal standard for a criminal disorderly conduct charge.
Disorderly Conduct Defense Attorney
Hire a Lawyer for a Disorderly Conduct Charge
If you or a loved one are facing a disorderly conduct charge in North Texas, it’s vital to discuss the specifics of your case with an experienced legal professional. The Beltz Law Group understands the nuances of Texas disorderly conduct law and the constitutional protections afforded to your speech and actions.
Don’t let a minor incident become a lasting mark on your record. Contact our criminal defense lawyers in North Texas at 214-321-4105 today for a confidential consultation. We are ready to help you understand your options and build a strong defense.
