Ohio Disturbing The Peace Law, What You Face Under ORC 2917.11, Penalties, Defenses, and Your Rights

Ohio Revised Code Section 2917.11 makes “disorderly conduct” illegal when you recklessly cause inconvenience, annoyance, or alarm through fighting, making unreasonable noise, using offensive language, blocking public passage, or creating dangerous conditions. Penalties range from $150 fines for minor misdemeanors to 30 days in jail and $250 fines for fourth-degree misdemeanors. First Amendment protections, lack of intent, and insufficient evidence are common defenses.

Over 50,000 disorderly conduct charges are filed annually in Ohio municipal courts—making it one of the state’s most common criminal charges. Yet most people don’t understand that what they say or do in a heated moment could land them with a permanent criminal record.

What Is Ohio Revised Code 2917.11?

Ohio Revised Code Section 2917.11 is Ohio’s disorderly conduct law—basically the state’s version of “disturbing the peace.”

The law covers two main categories of conduct:

Division (A): General Disorderly Conduct – You can’t recklessly cause inconvenience, annoyance, or alarm to someone by:

1. Fighting, threatening, or behaving violently
2. Making unreasonable noise
3. Insulting, taunting, or challenging someone in ways likely to provoke violence
4. Blocking people’s movement on streets or property
5. Creating physically offensive or dangerous conditions

Division (B): Intoxication-Related Conduct – You can’t be voluntarily intoxicated and:

1. Engage in conduct that endangers yourself, others, or property
2. Create conditions that risk physical harm

The key word in Division (A) is “recklessly.” Under Ohio law, that means acting with heedless indifference—knowing there’s a risk your conduct will cause problems but doing it anyway.

How Division (A) Works: Five Ways to Get Charged

1. Fighting or Threatening Violence

This covers actual fights and threats of violence. You’re standing outside a bar at closing time. Someone bumps into you. You square up and say “You wanna go?” That’s enough for a disorderly conduct charge—even if no punches are thrown.

Ohio courts define “fighting” broadly. Shoving someone during an argument counts. Squaring off in a confrontational stance counts. Making threatening gestures counts.

“Threatening” doesn’t require specific words like “I’m going to hurt you.” Context matters. Aggressive body language combined with yelling can be threatening under this statute.

2. Making Unreasonable Noise

This isn’t about having a loud voice or accidentally being noisy. The noise must be unreasonable under the circumstances and you must act with reckless disregard for how it affects others.

Common scenarios:

• Blasting music at 2 AM after neighbors complain multiple times
• Revving your motorcycle repeatedly in a residential area late at night
• Yelling and screaming during a dispute loud enough that neighbors call police
• Using amplified sound to disrupt a meeting or event

What time matters. Playing loud music at 7 PM on a Saturday is different from 3 AM on a Tuesday. Ohio courts look at the totality of circumstances—time, location, duration, and whether the noise serves any legitimate purpose.

If you’re having a backyard barbecue with music at a reasonable volume during daylight hours, that’s not unreasonable noise even if a neighbor complains. But cranking the same music at midnight after being asked to turn it down crosses the line.

3. Insulting, Taunting, or Challenging Others

This is where First Amendment issues get complicated. Ohio protects free speech strongly—but not all speech is protected.

The law targets “fighting words”—language so inflammatory it’s likely to provoke immediate violence. As one Ohio defense attorney put it in October 2025: “The Ohio Supreme Court has consistently held that spoken words, no matter how rude, vulgar, or offensive, cannot support a disorderly conduct conviction unless they qualify as fighting words.”

Real example: In State v. Gibson, Ohio’s Third District Court of Appeals ruled that repeatedly calling a neighbor a “redheaded bitch” didn’t constitute fighting words. The court found the language offensive but not likely to provoke immediate violence.

What might qualify as fighting words:

• Racial slurs directed at someone while blocking their path
• Aggressive taunts combined with threatening body language
• Challenges to fight (“Let’s settle this right now”)

What doesn’t qualify:

• General profanity not aimed at anyone specific
• Political speech, however angry
• Criticizing police officers
• Complaining loudly about service at a restaurant

The key test: Would the average person immediately respond with violence? If not, it’s protected speech.

For more on how courts handle police interactions and your rights, see our article on the James Hodges lawsuit, where Fourth Amendment protections come into play.

4. Hindering Movement on Public Property

You can’t block people’s access to streets, sidewalks, or property without a lawful purpose.

This provision targets situations like:

• Standing in a doorway refusing to let people pass
• Blocking a sidewalk during a heated argument
• Parking your car across a driveway to prevent someone from leaving
• Forming a human chain across a street (unless it’s a lawful protest with permits)

The “serves no lawful and reasonable purpose” language is important. If you’re blocking a sidewalk because you’re unloading furniture, that serves a legitimate purpose. If you’re blocking it to intimidate someone or prevent them from entering a building, that’s disorderly conduct.

5. Creating Physically Offensive or Dangerous Conditions

This catch-all provision covers situations that don’t fit the other categories but still create problems.

Examples:

• Urinating or defecating in public
• Dumping garbage in someone’s yard
• Setting off fireworks in a crowded area
• Releasing a dangerous animal
• Creating unsanitary conditions that affect neighbors

Again, your conduct must serve no lawful purpose and must either offend others or create a risk of harm.

How Division (B) Works: Public Intoxication

Division (B) is Ohio’s public intoxication law. You can be charged if you’re voluntarily intoxicated and either:

1. Engage in conduct that endangers yourself, others, or property
2. Create conditions that risk physical harm

“Voluntarily intoxicated” means drunk or high by your own choice. The law explicitly states that if you “appear intoxicated to an ordinary observer,” that’s probable cause to believe you’re intoxicated.

Common scenarios:

• Stumbling drunk into traffic
• Passing out on a sidewalk in winter
• Starting fights while drunk
• Damaging property while intoxicated

Unlike many states, Ohio doesn’t require you to be causing a public disturbance to violate Division (B)—just that your intoxicated state creates a risk of harm.

DUI charges are explicitly excluded. If you’re arrested for drunk driving, that’s not also a Division (B) violation.

Penalties: Minor Misdemeanor vs. Fourth-Degree Misdemeanor

Most disorderly conduct charges start as minor misdemeanors:

• Maximum fine of $150
• No jail time
• Still creates a criminal record

However, the charge gets bumped to a fourth-degree misdemeanor if any of these apply:

You persist after being warned – Police or citizens ask you to stop and you don’t

Near a school – The offense happens in a school or school safety zone

In front of first responders – You act disorderly in the presence of police, firefighters, paramedics, or other emergency personnel actively doing their job

In front of emergency facility staff – You cause problems in an emergency room or similar facility while staff are working

Repeat offender – You’ve been convicted of public intoxication (Division B) three or more times

Fourth-degree misdemeanor penalties:

• Up to 30 days in county jail
• Fine up to $250
• Probation
• Criminal record

The real cost is higher. Ohio adds “penalty assessments” that multiply fines. A $150 fine becomes roughly $500-600 after assessments. A $250 fine becomes approximately $800-1,000.

Common Defenses That Actually Work

1. First Amendment Protection

If you’re charged under Division (A)(3) for words you said, your attorney will likely argue First Amendment protection. Ohio courts have consistently sided with free speech unless the words were true “fighting words.”

The burden is on prosecutors to prove your speech crossed the constitutional line. If they can’t, the charges get dismissed.

2. Lack of Recklessness

Division (A) requires “recklessly” causing problems. If you didn’t know your conduct would cause issues, or if a reasonable person wouldn’t have known, you lack the required mental state.

Example: You’re having a normal conversation on a sidewalk. Someone overhears and claims you “disturbed” them. You weren’t reckless—you were just talking.

3. Lawful Purpose

Divisions (A)(4) and (A)(5) only apply if your conduct “serves no lawful and reasonable purpose.” If you had a legitimate reason for your actions, that’s a complete defense.

Example: You block a driveway temporarily while unloading furniture from a moving truck. That serves a lawful purpose, so it’s not disorderly conduct even if someone complains.

4. False Accusation or Misunderstanding

Disorderly conduct charges often arise from disputes where one person calls police and exaggerates what happened. If witnesses or evidence contradict the accuser’s story, charges typically get dismissed.

5. Insufficient Evidence

Prosecutors must prove every element beyond a reasonable doubt. If the only evidence is one person’s word against yours with no witnesses or video, that may not be enough.

6. Involuntary Intoxication

Division (B) only applies if you’re “voluntarily” intoxicated. If someone drugged you without your knowledge, or if you had an unexpected reaction to prescription medication, you have a defense.

What “Recklessly” Really Means Under Ohio Law

Ohio defines “recklessly” in ORC Section 2901.22. It means:

• You act with heedless indifference to the consequences
• You perversely disregard a known risk
• The risk is substantial and unjustifiable

This is a higher standard than negligence. You can’t just be careless—you have to consciously disregard a risk you’re aware of.

Example: You’re playing music in your apartment. A neighbor knocks and asks you to turn it down because their baby is sleeping. You turn it up louder out of spite. That’s reckless—you knew it would disturb them and did it anyway.

Contrast: You’re playing music at a normal volume during the day, unaware that your new neighbor works night shifts and is trying to sleep. That’s not reckless because you didn’t know about the risk.

How Police Use Disorderly Conduct Charges

Here’s something defense attorneys know but most people don’t: Disorderly conduct is often a “catch-all” charge police use when they want to arrest someone but don’t have evidence of a more serious crime.

You’re arguing with your spouse in a parking lot. Police arrive for a domestic call. There’s no evidence of physical violence, so they can’t charge assault. But the argument was loud and attracted attention. Police charge disorderly conduct.

This happens frequently. The good news: These charges are often weak and easily defended because police use them as a tool to end confrontations rather than because clear criminal conduct occurred.

Real-World Scenarios

Scenario 1: Bar Fight

Two guys are arguing outside a Columbus bar at 2 AM. One shoves the other. Both start throwing punches. Police arrive and separate them. Both get charged with disorderly conduct under Division (A)(1) for fighting.

Defense options: Self-defense if one person was attacked first. Lack of evidence if there are no witnesses and both deny fighting.

Scenario 2: Loud Party

You’re hosting a party at your Cleveland apartment. Music is loud. At 11 PM, police knock and ask you to turn it down. You comply. At midnight, they return because the music is loud again. They issue a citation for disorderly conduct.

Defense options: Challenge whether the noise was “unreasonable” at that time. Show you turned it down after the first warning. Argue the second complaint came from one overly sensitive neighbor.

Scenario 3: Verbal Dispute

You’re in a Walmart parking lot. Another driver takes the spot you were waiting for. You yell “Are you f***ing kidding me?” Security calls police. Officers charge you with disorderly conduct for offensive language.

Defense: Strong First Amendment argument. General profanity not directed as fighting words is protected speech. For more on understanding your rights during police encounters, check our guide on criminal defense and your constitutional protections.

Scenario 4: Drunk and Wandering

You leave a Cincinnati bar heavily intoxicated and stumble down the sidewalk. You sit on a curb looking disoriented. Police stop to check on you and charge you with disorderly conduct under Division (B).

Defense: Challenge whether you were actually creating a risk of harm. Sitting on a curb isn’t dangerous. If you were cooperative and not causing problems, there may be insufficient evidence.

How Ohio Courts Interpret “Fighting Words”

Ohio appellate courts have spent decades clarifying what qualifies as unprotected “fighting words” under Division (A)(3).

The standard comes from the U.S. Supreme Court’s decision in Chaplinsky v. New Hampshire: Fighting words are those “which by their very utterance inflict injury or tend to incite an immediate breach of the peace.”

Ohio courts add that fighting words must:

• Be directed at a specific person (not general complaints)
• Be likely to provoke the “average person” to immediate violence
• Occur in circumstances where immediate confrontation is likely
• Involve more than just offensive or vulgar language

In practice, very few words meet this standard. Courts have found that even racial slurs don’t automatically qualify as fighting words unless combined with other threatening conduct.

The Plea Bargain Reality

Most disorderly conduct cases never go to trial. Here’s why:

Prosecutors use ORC 2917.11 as a bargaining chip. If you’re charged with assault, battery, or another more serious crime, your attorney can often negotiate a reduction to disorderly conduct.

Why would prosecutors agree? Disorderly conduct is easier to prove. It doesn’t require physical harm. And it lets prosecutors claim a conviction while defendants avoid the harsher penalties of more serious charges.

If you’re initially charged with disorderly conduct, prosecutors may offer to reduce it from a fourth-degree misdemeanor to a minor misdemeanor, or even dismiss it entirely if you complete community service or anger management classes.

Defense attorneys leverage the weakness of these charges. If the evidence is thin—which it often is—prosecutors know they might lose at trial. Dismissal or diversion becomes the practical outcome.

Long-Term Consequences Beyond Fines and Jail

Even a minor misdemeanor conviction affects your life:

Employment: Criminal background checks show disorderly conduct convictions. Some employers won’t hire anyone with any criminal record.

Housing: Landlords run background checks. A disorderly conduct conviction can lead to rental application denials.

Professional Licenses: Teachers, nurses, and other licensed professionals may face discipline or license denial.

Immigration: Non-citizens can face deportation or green card denial even for minor misdemeanors depending on the circumstances.

Gun Rights: Unlike felonies, disorderly conduct doesn’t automatically affect gun ownership in Ohio. But judges can impose firearms restrictions as part of sentencing.

Future Charges: A prior conviction means any future disorderly conduct charge will be more serious. Prosecutors and judges are less lenient with repeat offenders.

Expungement: Clearing Your Record

Ohio allows expungement of certain criminal records under ORC Section 2953.31.

For disorderly conduct convictions, you can petition for expungement after:

• Completing your sentence (fines paid, probation finished)
• Waiting one year from the date of conviction for misdemeanors
• Having no other pending criminal cases

Expungement doesn’t erase your record completely, but it seals it from most background checks. Employers, landlords, and schools won’t see it. Law enforcement can still access sealed records.

The process requires filing a petition with the court, paying fees (usually $50-100), and attending a hearing where a judge decides whether to grant expungement.

Most disorderly conduct convictions qualify for expungement unless you have multiple other convictions.

What to Do If You’re Charged

Step 1: Don’t talk to police without an attorney. Anything you say can be used against you, even if you’re trying to explain your side. Politely decline to answer questions and ask for a lawyer.

Step 2: Document everything immediately. Write down what happened while it’s fresh. Get contact information for any witnesses who saw what actually occurred.

Step 3: Preserve evidence. If there’s video footage, texts, or other evidence supporting your version, save it. Security cameras, cell phone videos, and social media posts can help your defense.

Step 4: Don’t post on social media about the case. Prosecutors check Facebook, Instagram, and Twitter for incriminating statements. “Yeah I yelled at that guy” becomes evidence against you.

Step 5: Contact a criminal defense attorney. Even for minor misdemeanors, having an attorney dramatically improves your chances of getting charges reduced or dismissed.

Step 6: Consider diversion programs. Many Ohio courts offer first-time offender diversion where completing community service or classes results in dismissal.

When You Actually Need a Lawyer

For a minor misdemeanor first offense, you might think a lawyer isn’t worth it. But consider getting legal help if:

• You’re charged with fourth-degree misdemeanor (potential jail time)
• You have prior convictions
• The case involves speech or First Amendment issues
• Police reports contain inaccuracies or exaggerations
• You have a professional license that could be affected
• You’re not a U.S. citizen
• The charge could be reduced from something more serious

Many Ohio criminal defense attorneys offer free consultations. Most handle misdemeanor cases on flat fees ($500-$1,500 typically), so you know upfront what representation costs.

Frequently Asked Questions

Q: Is disorderly conduct the same as disturbing the peace in Ohio?

A: Yes. Ohio calls it “disorderly conduct” under ORC 2917.11, but it’s the same as what other states call “disturbing the peace.”

Q: Will a disorderly conduct charge show up on a background check?

A: Yes, even minor misdemeanor convictions appear on criminal background checks. Expungement can seal the record after one year.

Q: Can I go to jail for a first-time disorderly conduct charge?

A: Minor misdemeanors carry no jail time—only fines. Fourth-degree misdemeanors can result in up to 30 days in jail, but jail is uncommon for first offenders without aggravating factors.

Q: What if police didn’t give me a warning before charging me?

A: There’s no legal requirement that police warn you before charging disorderly conduct. However, if you’re charged with fourth-degree misdemeanor for “persisting after warning,” and police never actually warned you, that’s a defense.

Q: Can I be convicted if the person I argued with doesn’t press charges?

A: Yes. Disorderly conduct is a criminal offense prosecuted by the state, not the victim. Even if the other person doesn’t cooperate, prosecutors can proceed based on police observations.

Q: Is yelling profanity at police officers disorderly conduct?

A: Generally no. Ohio courts have held that criticizing police—even with profanity—is protected First Amendment speech unless it interferes with their duties or qualifies as fighting words.

Q: Can I beat a disorderly conduct charge if I was drunk?

A: Being intoxicated isn’t a defense to Division (A) charges. However, if you’re charged under Division (B) for intoxication-related conduct, involuntary intoxication (being drugged without your knowledge) is a defense.

Q: What’s the difference between minor misdemeanor and fourth-degree misdemeanor?

A: Minor misdemeanors carry maximum $150 fines with no jail time. Fourth-degree misdemeanors carry up to 30 days jail and $250 fines. The charge increases to fourth-degree if you persist after warning, act near schools, or commit offenses in front of first responders.

Q: Can disorderly conduct charges be dismissed?

A: Yes. Weak cases often get dismissed through plea negotiations, successful motion practice, or prosecutor discretion. First-time offenders may also qualify for diversion programs that result in dismissal.

Q: How long does a disorderly conduct conviction stay on my record?

A: Permanently, unless you get it expunged. You can petition for expungement one year after conviction for misdemeanors.

The Bottom Line

Ohio Revised Code Section 2917.11 criminalizes conduct that recklessly causes inconvenience, annoyance, or alarm through fighting, noise, offensive language, blocking passages, or creating dangerous conditions.

While it’s classified as a minor offense, disorderly conduct still creates a permanent criminal record that affects employment, housing, and your future. The broad language of the statute gives police considerable discretion, leading to frequent charges that may not hold up in court.

Strong defenses exist—especially First Amendment protections for speech, lack of reckless intent, and insufficient evidence. Most cases get resolved through plea bargains, diversion programs, or dismissal rather than trials.

If you’re facing disorderly conduct charges in Ohio, don’t assume it’s too minor to fight. An experienced Ohio criminal defense attorney can evaluate your case, identify defenses, and work toward the best possible outcome—whether that’s dismissal, reduction to a minor misdemeanor, or expungement eligibility.

This article provides general information about Ohio’s disorderly conduct law but does not constitute legal advice. Ohio laws and court interpretations can change. For guidance about your specific situation, consult with a licensed Ohio criminal defense attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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