Disorderly Conduct
Penal Code 415 — fighting, loud noise, and offensive words
In California the offense usually called disturbing the peace covers three things: unlawfully fighting in a public place or challenging someone there to fight, maliciously and willfully disturbing another person with loud and unreasonable noise, and using offensive words in a public place that are inherently likely to provoke an immediate violent reaction. Each is punishable by up to 90 days in county jail, a fine of up to $400, or both.
- Soliciting or engaging in lewd conduct in a public place or one open to public view.
- Accosting people in a public place to beg.
- Lodging in a building, vehicle or place without the permission of whoever controls it.
- Being in public so intoxicated as to be unable to care for one's own safety or the safety of others.
- Loitering, prowling or wandering on another person's private property with no lawful business there, or peeking into an inhabited building while doing so.
Staying after a lawful order to disperse is its own misdemeanor. Remaining at the place of a riot, rout or unlawful assembly after being lawfully warned to disperse is a misdemeanor, except for public officers and people helping them.
The list in the disorderly conduct section is longer than set out here and includes invasions of privacy by looking into or recording private places.
Sources for this section (3)
- Penal Code 415 — Fighting, loud noise, and offensive words in public
- Penal Code 647 — Disorderly conduct
- Penal Code 409 — Remaining at a riot or unlawful assembly after an order to disperse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.