(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
Makes a coarse and obviously offensive utterance, gesture, or display in a publicplace and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
Makes unreasonable noise in a public place or near a private residence that he has noright to occupy; or
Fights with another in a public place except in an amateur or professional contest ofathletic skill; or
Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
Not being a peace officer, displays a deadly weapon, displays any article used orfashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
Repealed.
(a) An offense under paragraph (a) or (c) of subsection (1) of this section is a class 1 petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.
An offense under paragraph (d) of subsection (1) of this section is a class 3 misdemeanor.
An offense under paragraph (e) or (f) of subsection (1) of this section is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 467, § 1. C.R.S. 1963: § 40-9-106. L. 72: p. 275, § 8. L. 81: (1)(a) amended, p. 1010, § 1, effective April 24. L. 2000: IP(1), (1)(b), and (1)(f) amended, pp. 696, 708, §§ 11, 39, effective July 1. L. 2006: (3) amended, p. 1198, § 3, effective May 26; (2) repealed, p. 1493, § 21, effective June 1. L. 2014: (1)(e) amended, (HB 14-1059), ch. 22, p. 153, § 1, effective March 7.
Editor's note: In Snyder v. Phelps, 562 U.S. 443 (2011), the United States Supreme Court held that the first amendment shielded military funeral protesters from tort liability for their picketing because the picketing constituted speech on matters of public concern and because the father of the deceased was not a member of a captive audience.
Cross references: (1) For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
(2) In 2006, subsection (3) was amended by the "Right to Rest in Peace Act". For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006. 18-9-107. Obstructing highway or other passageway. (1) An individual or corporation commits an offense if without legal privilege such individual or corporation intentionally, knowingly, or recklessly:
Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator,aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or
Disobeys a reasonable request or order to move issued by a person the individual orcorporation knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.
An offense under this section is a class 3 misdemeanor; except that knowingly obstructing the entrance into, or exit from, a funeral or funeral site, or knowingly obstructing a highway or other passageway where a funeral procession is taking place is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 468, § 1. C.R.S. 1963: § 40-9-107. L. 97: IP(1) and (1)(b) amended, p. 1012, § 17, effective August 6. L. 2006: (3) amended, p. 1198, § 4, effective May 26.
Cross references: (1) For obstructing highways, see § 43-5-301.
(2) In 2006, subsection (3) was amended by the "Right to Rest in Peace Act". For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.