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Disorderly Conduct

11 Del. C. § 1301 — fighting, unreasonable noise, blocking traffic, or refusing an order to disperse, as an unclassified misdemeanor

A person is guilty of disorderly conduct who intentionally causes public inconvenience, annoyance or alarm, or creates a risk of it, by:

  • 11 Del. C. § 1301
  • Fighting, or violent, tumultuous or threatening behavior.
  • Unreasonable noise, an offensively coarse utterance, gesture or display, or abusive language to a person present.
  • Disturbing a lawful assembly or meeting without lawful authority.
  • Obstructing vehicular or pedestrian traffic.
  • Congregating with others in a public place and refusing a lawful police order to disperse.
  • Creating a hazardous or physically offensive condition that serves no legitimate purpose.
  • 11 Del. C. § 1301
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Intentionally interfering with a school bus carrying students, by refusing to get off, blocking it, or threatening the driver or a passenger, is disorderly conduct too. A statement that a person plans to hire an attorney, seek a legal remedy or tell others about concerns is not a threat.

  • 11 Del. C. § 1301

Disorderly conduct is an unclassified misdemeanor.

  • 11 Del. C. § 1301

Speech has constitutional protection that a court weighs against the section. A particular charge is a question for a licensed Delaware attorney.

  • 11 Del. C. § 1301
Sources for this section (1)
  1. 11 Del. C. § 1301 — Disorderly conduct; unclassified misdemeanor

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

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