Disturbing the Peace may be charged against a person who unlawfully fights in a public place or challenges another person in a public place to fight, or who maliciously and willfully disturbs another person by loud and unreasonable noise, or who uses offensive works or speech in a public place.
What does the prosecutor have to prove?
1. Defendant unlawfully fought or challenged another person in a public place to fight. or
1. Defendant maliciously and unlawfully disturbed another person by loud and unreasonable noise. or
1. Defendant used offense words in a public place that were inherently likely to provoke an immediate violent reaction.
Misdemeanor: 0-90 days