Disorderly Conduct in Louisiana

Disorderly conduct—called disturbing the peace in Louisiana—can mean a variety of things, including fighting, being drunk or noisy in public, and participating in a riot. While definitions vary, disorderly conduct laws generally prohibit conduct likely to distress, anger, or disturb people or public tranquility and order.

Below we review Louisiana's laws that prohibit these types of behavior. (Louisiana repealed its vagrancy law in 2020.)

What Are the Penalties for Disturbing the Peace in Louisiana?

A person in Louisiana commits the crime of disturbing the peace by:

• fighting
• using offensive, derogatory, or insulting words or noises to offend or annoy a person
• appearing in public intoxicated
• participating in any act in a violent and disorderly manner with three or more people
• participating in an unlawful assembly
• interrupting a lawful assembly, or
• disrupting or obstructing a funeral, funeral procession, burial, or memorial service.

To be convicted of disturbing the peace, the prosecution must show that the defendant had reason to know that their actions would upset or alarm the public.

Examples. For example, a person who gets into a fight in a bar or yells a racial slur on the street could be convicted of disturbing the peace in Louisiana, as could a group of teens fighting on the street.

Penalties. Picketing a funeral is punishable by up to six months in jail, a fine of up to $500, or both. Other kinds of disturbing the peace are punishable by up to 90 days in jail, a fine of up to $100, or both.

(La. Rev. Stat. § 14:103 (2024).)

What Are the Penalties for Rioting in Louisiana?

In Louisiana, it's a crime to participate in a riot. The law defines a riot as a violent and disorderly public disturbance of three or more people, acting together, resulting in or creating a danger to persons or property.

Inciting a riot by urging or attempting to get another person to participate is also a crime, as is failing to obey a police officer or public official's order to disperse.

Participating in, inciting, or failing to disperse from a riot is punishable by up to six months in jail, a fine of up to $500, or both. Rioting and related crimes are punishable by up to 21 years in prison at hard labor if someone dies as a result. If the riot results in substantial property damage or serious bodily injury, the crimes are punishable by up to 5 years in prison.

(La. Rev. Stat. §§ 14:329.1, 14:329.2, 14:329.3, 14:329.7 (2024).)

What Are the Penalties for Obstructing Public Passages in Louisiana?

Obstructing public passage is a misdemeanor, punishable by up to six months in jail, a fine of up to $500, or both. A person commits this crime by intentionally blocking a public sidewalk, street, bridge, alley, or the entrance to a public building or ferry. For example, a group of citizens who link arms on a road to stop traffic could be charged with obstructing public passage.

Lawmakers specifically exempt the placement of barricades for construction or maintenance, or by public officials. For example, police officers may place barricades during public concerts and parades.

(La. Rev. Stat. § 14:100.1 (2024).)

What Are the Penalties for Excessive Noise Violations in Louisiana?

Louisiana law makes it a crime to play a car radio or stereo too loudly in a public street or park. Too loudly is quantified as louder than 85 decibels (about as loud as a blender) from a distance of more than 25 feet. For example, a driver who turns up the radio to maximum volume and rolls down the windows could be charged with excessive noise. This offense is punishable by a $200 fine and a 30-day driver's license suspension. Second convictions may be punished more severely.

Making excessive noise (more than 55 decibels, or about as loud as a microwave oven) within 10 feet of an entrance to a hospital or place of worship also carries criminal penalties. A convicted defendant could face up to 30 days in jail.

(La. Rev. Stat. §§ 14:103.1, 14:103.2 (2024).)

Obtaining Legal Assistance

Although some disturbing-the-peace laws may seem silly or outdated, violation of these laws can lead to time in jail or prison and a criminal record. If you are charged with disturbing the peace or a similar crime, consult with a criminal defense attorney in Louisiana. An experienced attorney can evaluate your case, protect your rights, and defend your case.