Legal Question in Criminal Law in Kansas

I was charged with Disorderly Conduct Section 9.2, in Bonner Springs, KS, 66012. I Flipped off a gas station clerk as i walked out the door (in the heat of the moment) for being racist and rude to me. The Police officer stated and i quote " I have to charge you with Disorderly Conduct for admitting you flipped him off" I didnt do it to provoke, he commited the "Disorderly Conduct". I also know that under kansas law, to be specific Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 41: Crimes Against The Public Peace

Statute 21-4101: Disorderly conduct. Disorderly conduct is, with knowledge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:

(a) Engaging in brawling or fighting; or

(b) Disturbing an assembly, meeting, or procession, not unlawful in its character; or

(c) Using offensive, obscene, or abusive language or engaging in noisy conduct tending reasonably to arouse alarm, anger or resentment in others.

Disorderly conduct is a class C misdemeanor.

History: L. 1969, ch. 180, � 21-4101; July 1, 1970.]

I am confused and just need help, if this was someone i could talk to I would be able to explain so much better.


Asked on 9/26/11, 8:39 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

Giving someone 'the finger' can lead to a disturbing the peace charge in Kansas, as it is an act that is considered offensive language tending to arouse anger or resentment. I work in Bonner Springs. Feel free to call or email me if I can be of assistance.

Sean Santoro

913 441 5025

[email protected]

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Answered on 9/26/11, 9:01 am


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