574.010. Peace disturbance--penalty. - Missouri Statutes

Peace disturbance--penalty.

574.010. 1. A person commits the crime of peacedisturbance if:

(1) He unreasonably and knowingly disturbs or alarmsanother person or persons by:

(a) Loud noise; or

(b) Offensive language addressed in a face-to-face mannerto a specific individual and uttered under circumstances whichare likely to produce an immediate violent response from areasonable recipient; or

(c) Threatening to commit a felonious act against anyperson under circumstances which are likely to cause a reasonableperson to fear that such threat may be carried out; or

(d) Fighting; or

(e) Creating a noxious and offensive odor;

(2) He is in a public place or on private property ofanother without consent and purposely causes inconvenience toanother person or persons by unreasonably and physicallyobstructing:

(a) Vehicular or pedestrian traffic; or

(b) The free ingress or egress to or from a public orprivate place.

2. Peace disturbance is a class B misdemeanor upon thefirst conviction. Upon a second or subsequent conviction, peacedisturbance is a class A misdemeanor. Upon a third or subsequentconviction, a person shall be sentenced to pay a fine of no lessthan one thousand dollars and no more than five thousand dollars.

(L. 1977 S.B. 60, A.L. 1984 S.B. 602, A.L. 1993 S.B. 180)

(1987) Where paragraph (c) of subdivision (1) of subsection l of statute contemplates punishing a person for any and all utterances that if carried out would constitute criminal offenses under Missouri law, no distinction is made as to the degree of criminal activity, that portion of statute is overbroad and is facially invalid. State v. Carpenter, 736 S.W.2d 406 (Mo. en banc).