For the crime of Disorderly Conduct, prosecutors are required to prove, beyond a reasonable doubt:
- That the defendant either engaged in fighting or threatening, or engaged in violent or tumultuous behavior, or created a hazardous or physically offensive condition by an act that served no legitimate purpose of the defendant's;
- That the defendant's actions were reasonably likely to affect the public; and
- That the defendant either intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of public inconvenience, annoyance or alarm.
- The use of force or violence;
- Making threats that involve the immediate use of force or violence;
- Tumultuous and highly agitated behavior, which may not involve physical violence, but which causes riotous commotion and excessively unreasonable noise, and so constitutes a public nuisance; and
- Any conduct that creates a hazard to public safety or a physically offensive condition by an act that serves no legitimate purpose.
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