State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_4

§ 14‑288.4.  Disorderlyconduct.

(a)        Disorderly conductis a public disturbance intentionally caused by any person who does any of thefollowing:

(1)        Engages in fightingor other violent conduct or in conduct creating the threat of imminent fightingor other violence.

(2)        Makes or uses anyutterance, gesture, display or abusive language which is intended and plainlylikely to provoke violent retaliation and thereby cause a breach of the peace.

(3)        Takes possession of,exercises control over, or seizes any building or facility of any public orprivate educational institution without the specific authority of the chiefadministrative officer of the institution, or his authorized representative.

(4)        Refuses to vacateany building or facility of any public or private educational institution inobedience to any of the following:

a.         An order of thechief administrative officer of the institution, or the officer'srepresentative, who shall include for colleges and universities the vicechancellor for student affairs or the vice‑chancellor's equivalent forthe institution, the dean of students or the dean's equivalent for theinstitution, the director of the law enforcement or security department for theinstitution, and the chief of the law enforcement or security department forthe institution.

b.         An order given byany fireman or public health officer acting within the scope of the fireman'sor officer's authority.

c.         If a state ofemergency is occurring or is imminent within the institution, an order given byany law‑enforcement officer acting within the scope of the officer'sauthority.

(5)        Shall, after beingforbidden to do so by the chief administrative officer, or the officer'sauthorized representative, of any public or private educational institution:

a.         Engage in anysitting, kneeling, lying down, or inclining so as to obstruct the ingress oregress of any person entitled to the use of any building or facility of theinstitution in its normal and intended use; or

b.         Congregate,assemble, form groups or formations (whether organized or not), block, or inany manner otherwise interfere with the operation or functioning of anybuilding or facility of the institution so as to interfere with the customaryor normal use of the building or facility.

(6)        Disrupts, disturbsor interferes with the teaching of students at any public or privateeducational institution or engages in conduct which disturbs the peace, orderor discipline at any public or private educational institution or on thegrounds adjacent thereto.

(6a)      Engages in conductwhich disturbs the peace, order, or discipline on any public school bus orpublic school activity bus.

(7)        Except as providedin subdivision (8) of this subsection, disrupts, disturbs, or interferes with areligious service or assembly or engages in conduct which disturbs the peace ororder at any religious service or assembly.

(8)        Engages in conductwith the intent to impede, disrupt, disturb, or interfere with the orderlyadministration of any funeral, memorial service, or family processional to thefuneral or memorial service, including a military funeral, service, or familyprocessional, or with the normal activities and functions occurring in thefacilities or buildings where a funeral or memorial service, including amilitary funeral or memorial service, is taking place. Any of the followingconduct that occurs within one hour preceding, during, or within one hour aftera funeral or memorial service shall constitute disorderly conduct under thissubdivision:

a.         Displaying, within300 feet of the ceremonial site, location being used for the funeral ormemorial, or the family's processional route to the funeral or memorialservice, any visual image that conveys fighting words or actual or imminentthreats of harm directed to any person or property associated with the funeral,memorial service, or processional route.

b.         Uttering, within 300feet of the ceremonial site, location being used for the funeral or memorialservice, or the family's processional route to the funeral or memorial service,loud, threatening, or abusive language or singing, chanting, whistling, oryelling with or without noise amplification in a manner that would tend toimpede, disrupt, disturb, or interfere with a funeral, memorial service, orprocessional route.

c.         Attempting to blockor blocking pedestrian or vehicular access to the ceremonial site or locationbeing used for a funeral or memorial.

As used in this section the term"building or facility" includes the surrounding grounds and premisesof any building or facility used in connection with the operation orfunctioning of such building or facility.

(b)        Except as providedin subsection (c) of this section, any person who willfully engages indisorderly conduct is guilty of a Class 2 misdemeanor.

(c)        A person whocommits a violation of subdivision (8) of subsection (a) of this section isguilty of:

(1)        A Class 2misdemeanor for a first offense.

(2)        A Class 1misdemeanor for a second offense.

(3)        A Class I felony fora third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c.1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539,s. 189; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑26, s. 2; 2006‑169,s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_4

§ 14‑288.4.  Disorderlyconduct.

(a)        Disorderly conductis a public disturbance intentionally caused by any person who does any of thefollowing:

(1)        Engages in fightingor other violent conduct or in conduct creating the threat of imminent fightingor other violence.

(2)        Makes or uses anyutterance, gesture, display or abusive language which is intended and plainlylikely to provoke violent retaliation and thereby cause a breach of the peace.

(3)        Takes possession of,exercises control over, or seizes any building or facility of any public orprivate educational institution without the specific authority of the chiefadministrative officer of the institution, or his authorized representative.

(4)        Refuses to vacateany building or facility of any public or private educational institution inobedience to any of the following:

a.         An order of thechief administrative officer of the institution, or the officer'srepresentative, who shall include for colleges and universities the vicechancellor for student affairs or the vice‑chancellor's equivalent forthe institution, the dean of students or the dean's equivalent for theinstitution, the director of the law enforcement or security department for theinstitution, and the chief of the law enforcement or security department forthe institution.

b.         An order given byany fireman or public health officer acting within the scope of the fireman'sor officer's authority.

c.         If a state ofemergency is occurring or is imminent within the institution, an order given byany law‑enforcement officer acting within the scope of the officer'sauthority.

(5)        Shall, after beingforbidden to do so by the chief administrative officer, or the officer'sauthorized representative, of any public or private educational institution:

a.         Engage in anysitting, kneeling, lying down, or inclining so as to obstruct the ingress oregress of any person entitled to the use of any building or facility of theinstitution in its normal and intended use; or

b.         Congregate,assemble, form groups or formations (whether organized or not), block, or inany manner otherwise interfere with the operation or functioning of anybuilding or facility of the institution so as to interfere with the customaryor normal use of the building or facility.

(6)        Disrupts, disturbsor interferes with the teaching of students at any public or privateeducational institution or engages in conduct which disturbs the peace, orderor discipline at any public or private educational institution or on thegrounds adjacent thereto.

(6a)      Engages in conductwhich disturbs the peace, order, or discipline on any public school bus orpublic school activity bus.

(7)        Except as providedin subdivision (8) of this subsection, disrupts, disturbs, or interferes with areligious service or assembly or engages in conduct which disturbs the peace ororder at any religious service or assembly.

(8)        Engages in conductwith the intent to impede, disrupt, disturb, or interfere with the orderlyadministration of any funeral, memorial service, or family processional to thefuneral or memorial service, including a military funeral, service, or familyprocessional, or with the normal activities and functions occurring in thefacilities or buildings where a funeral or memorial service, including amilitary funeral or memorial service, is taking place. Any of the followingconduct that occurs within one hour preceding, during, or within one hour aftera funeral or memorial service shall constitute disorderly conduct under thissubdivision:

a.         Displaying, within300 feet of the ceremonial site, location being used for the funeral ormemorial, or the family's processional route to the funeral or memorialservice, any visual image that conveys fighting words or actual or imminentthreats of harm directed to any person or property associated with the funeral,memorial service, or processional route.

b.         Uttering, within 300feet of the ceremonial site, location being used for the funeral or memorialservice, or the family's processional route to the funeral or memorial service,loud, threatening, or abusive language or singing, chanting, whistling, oryelling with or without noise amplification in a manner that would tend toimpede, disrupt, disturb, or interfere with a funeral, memorial service, orprocessional route.

c.         Attempting to blockor blocking pedestrian or vehicular access to the ceremonial site or locationbeing used for a funeral or memorial.

As used in this section the term"building or facility" includes the surrounding grounds and premisesof any building or facility used in connection with the operation orfunctioning of such building or facility.

(b)        Except as providedin subsection (c) of this section, any person who willfully engages indisorderly conduct is guilty of a Class 2 misdemeanor.

(c)        A person whocommits a violation of subdivision (8) of subsection (a) of this section isguilty of:

(1)        A Class 2misdemeanor for a first offense.

(2)        A Class 1misdemeanor for a second offense.

(3)        A Class I felony fora third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c.1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539,s. 189; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑26, s. 2; 2006‑169,s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-288_4

§ 14‑288.4.  Disorderlyconduct.

(a)        Disorderly conductis a public disturbance intentionally caused by any person who does any of thefollowing:

(1)        Engages in fightingor other violent conduct or in conduct creating the threat of imminent fightingor other violence.

(2)        Makes or uses anyutterance, gesture, display or abusive language which is intended and plainlylikely to provoke violent retaliation and thereby cause a breach of the peace.

(3)        Takes possession of,exercises control over, or seizes any building or facility of any public orprivate educational institution without the specific authority of the chiefadministrative officer of the institution, or his authorized representative.

(4)        Refuses to vacateany building or facility of any public or private educational institution inobedience to any of the following:

a.         An order of thechief administrative officer of the institution, or the officer'srepresentative, who shall include for colleges and universities the vicechancellor for student affairs or the vice‑chancellor's equivalent forthe institution, the dean of students or the dean's equivalent for theinstitution, the director of the law enforcement or security department for theinstitution, and the chief of the law enforcement or security department forthe institution.

b.         An order given byany fireman or public health officer acting within the scope of the fireman'sor officer's authority.

c.         If a state ofemergency is occurring or is imminent within the institution, an order given byany law‑enforcement officer acting within the scope of the officer'sauthority.

(5)        Shall, after beingforbidden to do so by the chief administrative officer, or the officer'sauthorized representative, of any public or private educational institution:

a.         Engage in anysitting, kneeling, lying down, or inclining so as to obstruct the ingress oregress of any person entitled to the use of any building or facility of theinstitution in its normal and intended use; or

b.         Congregate,assemble, form groups or formations (whether organized or not), block, or inany manner otherwise interfere with the operation or functioning of anybuilding or facility of the institution so as to interfere with the customaryor normal use of the building or facility.

(6)        Disrupts, disturbsor interferes with the teaching of students at any public or privateeducational institution or engages in conduct which disturbs the peace, orderor discipline at any public or private educational institution or on thegrounds adjacent thereto.

(6a)      Engages in conductwhich disturbs the peace, order, or discipline on any public school bus orpublic school activity bus.

(7)        Except as providedin subdivision (8) of this subsection, disrupts, disturbs, or interferes with areligious service or assembly or engages in conduct which disturbs the peace ororder at any religious service or assembly.

(8)        Engages in conductwith the intent to impede, disrupt, disturb, or interfere with the orderlyadministration of any funeral, memorial service, or family processional to thefuneral or memorial service, including a military funeral, service, or familyprocessional, or with the normal activities and functions occurring in thefacilities or buildings where a funeral or memorial service, including amilitary funeral or memorial service, is taking place. Any of the followingconduct that occurs within one hour preceding, during, or within one hour aftera funeral or memorial service shall constitute disorderly conduct under thissubdivision:

a.         Displaying, within300 feet of the ceremonial site, location being used for the funeral ormemorial, or the family's processional route to the funeral or memorialservice, any visual image that conveys fighting words or actual or imminentthreats of harm directed to any person or property associated with the funeral,memorial service, or processional route.

b.         Uttering, within 300feet of the ceremonial site, location being used for the funeral or memorialservice, or the family's processional route to the funeral or memorial service,loud, threatening, or abusive language or singing, chanting, whistling, oryelling with or without noise amplification in a manner that would tend toimpede, disrupt, disturb, or interfere with a funeral, memorial service, orprocessional route.

c.         Attempting to blockor blocking pedestrian or vehicular access to the ceremonial site or locationbeing used for a funeral or memorial.

As used in this section the term"building or facility" includes the surrounding grounds and premisesof any building or facility used in connection with the operation orfunctioning of such building or facility.

(b)        Except as providedin subsection (c) of this section, any person who willfully engages indisorderly conduct is guilty of a Class 2 misdemeanor.

(c)        A person whocommits a violation of subdivision (8) of subsection (a) of this section isguilty of:

(1)        A Class 2misdemeanor for a first offense.

(2)        A Class 1misdemeanor for a second offense.

(3)        A Class I felony fora third or subsequent offense. (1969, c. 869, s. 1; 1971, c. 668, s. 1; 1973, c.1347; 1975, c. 19, s. 4; 1983, c. 39, s. 5; 1987, c. 671, s. 1; 1993, c. 539,s. 189; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑26, s. 2; 2006‑169,s. 1.)