Section 574.010

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 574

Effective - 01 Jan 2017, 2 histories, see footnote   

  574.010.  Peace disturbance — penalty. — 1.  A person commits the offense of peace disturbance if he or she:

  (1)  Unreasonably and knowingly disturbs or alarms another person or persons by:

  (a)  Loud noise; or

  (b)  Offensive language addressed in a face-to-face manner to a specific individual and uttered under circumstances which are likely to produce an immediate violent response from a reasonable recipient; or

  (c)  Threatening to commit a felonious act against any person under circumstances which are likely to cause a reasonable person to fear that such threat may be carried out; or

  (d)  Fighting; or

  (e)  Creating a noxious and offensive odor;

  (2)  Is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing:

  (a)  Vehicular or pedestrian traffic; or

  (b)  The free ingress or egress to or from a public or private place.

  2.  The offense of peace disturbance is a class B misdemeanor upon the first conviction.  Upon a second or subsequent conviction, peace disturbance is a class A misdemeanor.  Upon a third or subsequent conviction, a person shall be sentenced to pay a fine of no less than one thousand dollars and no more than five thousand dollars.

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(L. 1977 S.B. 60, A.L. 1984 S.B. 602, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491)

Effective 1-01-17

(1987)  Where paragraph (c) of subdivision (1) of subsection l of statute contemplates punishing a person for any and all utterances that if carried out would constitute criminal offenses under Missouri law, no distinction is made as to the degree of criminal activity, that portion of statute is overbroad and is facially invalid.  State v. Carpenter, 736 S.W.2d 406 (Mo. en banc).