October 29, 2026 | Kentucky Law

What Is Disorderly Conduct?

Disorderly conduct is a criminal charge used in Kentucky when someone is accused of causing undue public disruption or alarm through their behavior. Kentucky law recognizes two different degrees of disorderly conduct.

Keep reading to learn more about disorderly conduct charges in Kentucky, including possible defenses against these allegations. 

Second-Degree Disorderly Conduct 

Second-degree disorderly conduct is the more common version of this offense. It involves specific prohibited actions that take place in a public location, where the defendant acts with the intent to cause public annoyance, inconvenience, or alarm, or behaves in a way that “wantonly” creates that risk. 

Examples of conduct that could result in a second-degree disorderly conduct charge include:

  • Fighting, or engaging in violent or threatening behavior in public
  • Making unreasonable noise in a way that disturbs others
  • Refusing to obey an official order to disperse issued for public safety reasons when dangerously close to a fire, hazard, or other emergency
  • Creating hazardous or physically offensive conditions without any legitimate reason

Simply being loud, getting into an argument, or accidentally upsetting others does not by itself amount to disorderly conduct under the law. Prosecutors need to prove every element of the offense. 

Second-degree disorderly conduct is classified as a Class B misdemeanor, which can result in jail time and a fine (plus court costs, probation, or other conditions). 

First-Degree Disorderly Conduct  

First-degree disorderly conduct is a much more specific offense. It makes it a crime to engage in certain disruptive conduct within 300 feet of a funeral, burial, funeral procession, or other memorial event. This applies from one hour before through one hour after the event, and the person must know they are within the restricted zone for the law to apply. 

Examples may include intentionally disrupting a funeral through prohibited noise, threatening behavior, or other conduct that meets the statute’s specific requirements.

This offense is treated more seriously and is classified as a Class A misdemeanor, which carries a longer jail sentence and a higher fine, in addition to other potential penalties imposed by the judge.

Can You Be Arrested for Disorderly Conduct in Kentucky?

Yes, disorderly conduct is a criminal offense under Kentucky law, not just a traffic ticket or minor citation. 

If police respond to a public disturbance, they may observe or investigate your behavior to determine whether it meets the specific requirements for disorderly conduct. Depending on the circumstances, an officer who witnesses the alleged offense firsthand may have the authority to make an arrest without a warrant.

Being arrested does not automatically mean you’ll be convicted of disorderly conduct, though. The prosecution must still prove every element of the specific charge in court, and you have rights and opportunities to present a defense. 

What Are Possible Defenses Against Disorderly Conduct Charges?

There are several defenses that may be available, depending on the facts and evidence in your case:

  • Lack of criminal intent: The accused did not mean to cause public inconvenience, annoyance, or alarm, and did not act with wanton disregard for that risk.
  • Protected speech: If your conduct involves free speech or expression, such as participating in a protest or stating unpopular opinions without threats or actual disruptive behavior, it may be protected by the First Amendment.
  • No qualifying public disturbance: The defendant’s conduct did not meet the specific statutory requirements, such as engaging in prohibited behavior or acting with the required intent or wantonness.
  • Insufficient evidence: If witness statements, video evidence, or police reports do not convincingly demonstrate that disorderly conduct occurred, the prosecution may lack the proof necessary to convict you.  

Your defense will be determined by the facts of your case and what your lawyer thinks makes the most sense. 

If you or someone you care about has been charged with disorderly conduct in Kentucky, taking action quickly and contacting a lawyer is important. The right criminal defense attorney can explain your options, investigate the facts, and fight to have the charges you’re facing reduced or dismissed. 

Don’t face the legal system alone or assume you have no defense. Contact Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free case consultation with a Louisville college student defense attorney.

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202
(502) 371-7000