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Disorderly Conduct in Washington, D.C.
Disorderly conduct is a criminal charge that, depending on the jurisdiction, can include a broad range of different actions. Focused primarily on behavior that disturbs the peace, offends public morality, or undermines public safety, the offense typically includes being drunk in public; public urination; using loud, threatening or obscene language; or loitering in prohibited areas.
What is disorderly conduct in D.C.?
The offense in Washington, D.C. takes a number of forms. For example, it is illegal:
- to urinate or to defecate in public except in a urinal or toilet;
- to intentionally or recklessly put someone else in reasonable fear of person or property;
- to incite or provoke violence in a public area;
- to direct abusive or offensive language at another person in a public area in a manner likely to provoke retaliation or violence;
- to engage in loud, threatening or abusive language, or disruptive conduct, with the intent of impeding or disturbing the orderly conduct of a lawful public gathering;
- to make unreasonably loud noise between 10:00 pm and 7:00 am that is likely to annoy or disturb others;
- to stealthily look into a window or other opening of a dwelling under circumstances in which an occupant would have a reasonable expectation of privacy;
- to unnecessarily jostle or crowd another person or to place a hand near another person’s handbag, pocketbook, or wallet. D.C. Criminal Code § 22-1321.
What is the maximum penalty for disorderly conduct in D.C.?
The penalty for violating this statute is a $500 fine and up to 90 days of imprisonment. First-time offenders should be eligible for some type of diversion program, including a “post-and-forfeit” arrangement or a deferred prosecution agreement.
What are the potential defenses to disorderly conduct in D.C.?
The trial defenses available to a person charged with this offense will depend on the facts of a particular case. At the same time, there are lines of defense that should be considered. For example, any form of the offense that involves some type of speech could be protected by the First Amendment.
Moreover, most forms of the offense would require the prosecution to prove mens rea — that is, some form of criminal intent. For example, actions that put someone in reasonable fear of person or property must be intentional or, at the very least, reckless.
Will I go to jail if convicted of disorderly conduct?
Because POCA is a minor misdemeanor, it is extremely unlikely that you will ever serve any jail time if convicted of this offense. It is much more likely that you will receive a probationary sentence (probably unsupervised).
Can I expunge/seal a criminal record for disorderly conduct?
Yes. A criminal record for disorderly conduct can be sealed or expunged under the new law in D.C. that entered into force in 2025. The new law provides for automatic expungement for decriminalized offenses and automatic sealing for non-convictions and convictions for less serious misdemeanors. The expungement or sealing of all other records can only be accomplished through the filing of a motion.
Will I need a lawyer if arrested for disorderly conduct?
Yes. Although a minor misdemeanor, disorderly conduct is still a criminal offense. If you cannot afford a lawyer, the court will appoint one to represent you.
Please contact Jamison Koehler at 202-549-2374 or jkoehler@koehlerlaw.net if you have been charged with disorderly conduct. Mr. Koehler has extensive experience representing clients in precisely this type of case.