T.P.I. -- CRIM. 30.13

DISORDERLY CONDUCT

            Any person who commits the offense of disorderly conduct is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:

[Part A:1

            (1)  that the defendant was in a public place and with the intent to cause

                   [public alarm] [public annoyance];

and

            (2)  that the defendant engaged [in fighting] [in violent behavior] [in

                   threatening behavior];

and

            (3)  that the defendant acted either intentionally, knowingly or recklessly.2]

or

[Part B:3

            (1)  that the defendant was in a public place and with the intent to cause

                   [public alarm] [public annoyance];

and

            (2)  that the defendant refused to obey an official order to disperse issued

                   to maintain public safety in dangerous proximity to a fire, hazard or

                   other emergency;

and

            (3)  that the defendant acted either intentionally, knowingly or recklessly.4]

or

[Part C:5

            (1)  that the defendant was in a public place and with the intent to cause

                   [public alarm] [public annoyance];

and

            (2)  that the defendant created a hazardous or physically offensive

                   condition by an act that served no legitimate purpose;

and

            (3)  that the defendant acted either intentionally, knowingly or recklessly.6]

or

[Part D:7

            (1)  that the defendant made unreasonable noise which prevented others

                   from carrying on lawful activities;

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.8]


            ["Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.  An act is deemed to occur in a public place if it produces its proscribed or offensive consequences in a public place.]9

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.10

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.11

            [The requirement of “knowingly” is also established if it is shown that the defendant acted intentionally.]0

            "Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.13

                        [The requirement of “recklessness” is also established if it is shown that the defendant acted intentionally or knowingly.]0

FOOTNOTES

  1.  Tenn. Code Ann. § 39-17-305(a)(1).

  2.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.  The Committee is of the opinion that the definitions

       of "knowingly" and "recklessly," although statutorily required, are in conflict

       with the elements in Parts A, B and C of this offense.  Because the offense

       requires the "intent to cause public alarm or public annoyance", some judges

       believe that only "intentionally" should be charged in Parts A, B and C.

  3.  Tenn. Code Ann. § 39-17-305(a)(2).

  4.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.  See footnote 2 above.

  5.  Tenn. Code Ann. § 39-17-305(a)(3).

  6.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.  See footnote 2 above.

  7.  Tenn. Code Ann. § 39-17-305(b).

  8.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.

  9.  Tenn. Code Ann. § 39-11-106(a)(29).

10.  Tenn. Code Ann. § 39-11-106(a)(18).

11.  Tenn. Code Ann. § 39-11-106(a)(20).

12.   Tenn. Code Ann. § 39-11-301(a)(2).

13.  Tenn. Code Ann. § 39-11-106(a)(31).

14.   Tenn. Code Ann. § 39-11-301(a)(2).

COMMENTS

            1.  Disorderly conduct is a Class C misdemeanor.  Tenn. Code Ann. § 39-17-305(c).

           2.  If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.  Tenn. Code Ann. § 39-11-301(c).  The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.  See footnote 2 above. 



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