Legal Question in Criminal Law in Wisconsin

Disorderly Conduct

I live in Wisconsin. They define the above as ''Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.'' My question: Is a car or home considered a ''private place'' or is it a ''personal residence.'' Since I was in my car, and never left my car when making the ''profain'' remarks, could I fight this because I was in my personal residence in my car and not in a private/public place?


Asked on 8/01/07, 10:29 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: Disorderly Conduct

Disorderly conduct can occur in a public place OR a private place. Certainly, a car is one of the two. It is easy for prosecutors to prove disorderly conduct, since they only need prove that the behavior was likely to cause a disturbance--they need not even prove that an actual disturbance occurred, or who was most at fault for it. It is therefore common for both parties to a disturbance (such as a fight or argument) to be charged with "DC." Hence, it is one of the most common criminal charges in WI. It is punishable by up to three months in jail. You should therefore consult with an experienced criminial attorney as soon as possible.

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Answered on 8/02/07, 7:52 am


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