Maybe it was a loud argument outside a bar. Maybe it was a scene at a game, a party, or a store. A police officer wrote something down, and now you have a notice, a summons, or a court date. The paper says “disorderly conduct” or “disturbing the peace.” You may not be sure what either one means.
I’ll walk you through what the Massachusetts statute actually says. These two charges are written into the same sentence of the law and carry the same penalty, so I cover them together. I’ll go in the order a case usually unfolds: what the charge is, how it differs from similar charges, how the case starts, where it is heard, the penalties, and how a defense is built.
What Disorderly Conduct and Disturbing the Peace Mean
Both charges come from one subsection of one statute, G.L. c. 272, § 53(b). The charge is being a disorderly person or a disturber of the peace. The words of the law are:
“Disorderly persons and disturbers of the peace shall, for a first offense, be punished by a fine of not more than $150. For a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment.”
People use “disorderly conduct” and “disturbing the peace” as if they were the same thing. In the statute they sit side by side, in the same sentence, with the same penalty.
What the Statute Says and Does Not Say
This is where many people are surprised. Section 53(b) is short, and it is mostly a penalty provision. Here is what is and is not in its text.
- It names two kinds of people: “disorderly persons” and “disturbers of the peace.”
- It sets one penalty for a first offense and a higher penalty for a second or later offense.
- It includes a protection for school students, which I explain below.
- It does not define “disorderly person.”
- It does not define “disturber of the peace.”
- It does not list the acts that make someone one or the other.
Court decisions and jury instructions fill in what these terms mean in an actual case. This article sticks to the statute’s own words. If you have been charged, how those terms apply to what happened is the central question in your case.
How Section 53(b) Differs From Section 53(a)
Section 53 has two subsections that look alike and are not. The difference is the penalty.
Subsection (a) covers a different list of people:
- common night walkers and common street walkers;
- persons who “with offensive and disorderly acts or language accost or annoy another person”;
- lewd, wanton and lascivious persons in speech or behavior;
- keepers of noisy and disorderly houses; and
- persons guilty of indecent exposure.
Subsection (a) allows imprisonment in a jail or house of correction for not more than 6 months, or a fine of not more than $200, or both. It does not make a first offense fine-only.
Subsection (b) is different. For a first offense, the only punishment it lists is a fine of not more than $150.
That matters, because several related statutes cover different conduct. See my articles on annoying and accosting persons, lewd, wanton and lascivious acts, and indecent exposure. Related charges include affray, threats, and “peeping Tom” disorderly conduct. Each has its own statute, its own elements, and its own penalty.
How the Case Starts: Arrest, Summons, or a Hearing Notice
A disorderly conduct or disturbing the peace case can start in a few ways. You can be arrested at the scene, and my article on what happens when you’re arrested explains the first hours. You can receive a criminal summons telling you to come to court. Or you can receive notice of a hearing before a clerk-magistrate.
That last path comes from G.L. c. 218, § 35A. For a misdemeanor complaint, a person who is not under arrest “shall … be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process,” unless there is an imminent threat of bodily injury, of the commission of a crime, or of flight from the commonwealth. The statute adds that the court “may upon consideration of the evidence … cause process to be issued unless there is no probable cause to believe that the person who is the object of the complaint has committed the offense charged.”
I explain this step in what is a show-cause hearing. If the matter moves forward, your first court date is the arraignment, where the charge is formally read. See what happens at an arraignment. After that, the case moves toward a pre-trial conference, where the lawyers discuss it before any trial.
Where the Case Is Heard
The case is heard in the district court. Under G.L. c. 218, § 26, the district courts have jurisdiction, concurrent with the superior court, over “all misdemeanors, except libels.”
Section 53(b) provides jail or a house of correction, not state prison. Under G.L. c. 274, § 1, a crime punishable by state prison is a felony and “all other crimes are misdemeanors.” So the offense is a misdemeanor.
Penalties for a First Offense and for Later Offenses
The penalty depends on whether this is your first offense. Here is what the statute says.
- First offense: a fine of not more than $150.
- Second or subsequent offense: imprisonment in a jail or house of correction for not more than 6 months, or a fine of not more than $200, or both.
Those are the maximums the legislature set. They do not tell you what will happen in any one case.
The statute says “first offense” and “second or subsequent offense.” It does not explain how a prior offense is counted. That is a question for a lawyer looking at the actual record.
The School-Student Proviso
Section 53(b) has a built-in protection for young people. It says “an elementary or secondary school student shall not be adjudged a delinquent child for a violation of this subsection for such conduct within school buildings or on school grounds or in the course of school-related events.”
In plain terms, a student cannot be adjudged a delinquent child under § 53(b) for conduct in school buildings, on school grounds, or at school-related events. The proviso is limited to those settings. It does not say what happens outside them. A parent whose child has been charged should read the exact words, and then speak with a lawyer about the facts.
Defenses Built on the Statute’s Words
A defense starts with the charge itself. If the Commonwealth cannot prove a required part of it, that is a defense. These are the questions that come out of the statute.
- Does the conduct alleged fit what the law means by a “disorderly person” or a “disturber of the peace”?
- Is the right section charged? Subsection (a) and subsection (b) carry different penalties, and another statute may fit the facts better.
- Who did what? If identity is in question, the Commonwealth has to prove it.
- If the complaint says “second or subsequent offense,” what is the proof of the earlier offense?
- If the person is a student, does the school-student proviso apply to the setting?
- At a clerk-magistrate hearing under § 35A, is there probable cause to believe this person committed the offense charged?
These questions are not a checklist for any one case. They are the places where the statute puts a burden on the Commonwealth.
Frequently Asked Questions
Are disorderly conduct and disturbing the peace the same charge?
They are two labels in the same sentence of the same statute, G.L. c. 272, § 53(b), with the same penalty. The statute does not define either one. How courts apply each term is a separate question.
Can I go to jail for a first offense?
Under § 53(b), the only punishment listed for a first offense is a fine of not more than $150. Jail is listed for a second or subsequent offense.
What is the penalty for a second offense?
Imprisonment in a jail or house of correction for not more than 6 months, or a fine of not more than $200, or both.
Is disorderly conduct a felony?
No. The statute provides jail or a house of correction, not state prison. Under G.L. c. 274, § 1, that makes it a misdemeanor.
Does the school proviso protect any student anywhere?
No. It applies to an elementary or secondary school student and to conduct within school buildings, on school grounds, or in the course of school-related events.
Can I be heard before a case is filed against me?
For a misdemeanor complaint where you are not under arrest, G.L. c. 218, § 35A gives you an opportunity to be heard, personally or by counsel, in opposition to the issuance of process. There are exceptions for an imminent threat of bodily injury, of a crime, or of flight from the commonwealth.
Facing a Disorderly Conduct or Disturbing the Peace Charge? Talk to a Lawyer
A disorderly conduct or disturbing the peace charge is a criminal charge, and the details of what happened matter. You should not face it alone. The Law Office of William J. Barabino in Medford has over 23 years of experience in Massachusetts criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 to talk about your charge and your options.
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Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
