2025 Session Last amended: 2023 session

§ 609.72 — Disorderly Conduct

Plain-Language Summary

Defines disorderly conduct in Minnesota. A misdemeanor offense covering fighting or brawling, disturbing a lawful assembly or meeting, and engaging in offensive, abusive, or noisy conduct that tends to alarm, anger, or disturb others or provoke a breach of the peace. Applies in both public and private places, including school buses. Enhanced penalties apply when committed by a caregiver at a care facility.

609.72 DISORDERLY CONDUCT.

Subdivision 1.Crime.

Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

(1) engages in brawling or fighting; or

(2) disturbs an assembly or meeting, not unlawful in its character; or

(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

A person does not violate this section if the person’s disorderly conduct was caused by an epileptic seizure.

[See Note.] §

Subd. 2.

[Repealed, 1969 c 226 s 1] §

Subd. 3.Caregiver; penalty for disorderly conduct.

A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.

History:

1963 c 753 art 1 s 609.72; 1967 c 242 s 1; 1971 c 23 s 71; 1988 c 689 art 2 s 236; 1991 c 279 s 34; 1994 c 636 art 2 s 46; 1995 c 229 art 2 s 7; 2023 c 52 art 6 s 16

**NOTE: **In State v. Hensel, 901 N.W.2d 166 (Minn 2017), subdivision 1, clause (2), was held unconstitutional under the First Amendment to the United States Constitution because it is substantially overbroad.

History: History: 1963 c 753 art 1 s 609.72; 1967 c 242 s 1; 1971 c 23 s 71; 1988 c 689 art 2 s 236; 1991 c 279 s 34; 1994 c 636 art 2 s 46; 1995 c 229 art 2 s 7; 2023 c 52 art 6 s 16

Practical Notes

Disorderly conduct is one of the most commonly charged misdemeanors in Minnesota (up to 90 days in jail and/or $1,000 fine). It is frequently charged alongside other offenses like assault or DWI. The prosecution must prove you knew or had reasonable grounds to know your conduct would alarm or disturb others – simply being loud is not always enough. Disorderly conduct caused by an epileptic seizure is explicitly excluded from criminal liability. While a misdemeanor, a conviction still appears on background checks and can affect employment. If you believe the charge is unwarranted, a defense attorney may be able to negotiate a continuance for dismissal or a plea to a lesser charge.

Source: Minnesota Office of the Revisor of Statutes