How Does Indiana Define Tumultuous Conduct and Unreasonable Noise?
Can a person face “assault” charges when they engage in certain types of harmful conduct in Indiana? Under Indiana law, there is no specific offense called “assault.” Rather, there are a series of specific offenses in the Indiana Code that are generally understood to be assaultive offenses. Those offenses include intimidation, battery, disorderly conduct, and criminal recklessness, since all of them include certain elements that are generally associated with the broader term of “assault.” The offense of “disorderly conduct” is one such offense, which falls under the chapter of the Indiana Code on Offenses Against Public Order.
There are three types of acts or omissions that can constitute disorderly conduct such that a person can face criminal charges, including tumultuous conduct and unreasonable noise. Yet these terms are not specifically defined in Indiana Code Section 35-45-1-3. What do they mean? Our Indianapolis assault defense lawyers can explain in more detail.
Understanding Disorderly Conduct
Under Indiana Code Section 35-45-1-3, a person commits disorderly conduct if that person recklessly, knowingly, or intentionally…
1) Engages in fighting or in tumultuous conduct;
2) Makes unreasonable noise and continues to do so after being asked to stop; or
3) Disrupts a lawful assembly of persons.
We want to focus on specific items in the first two definitions above: “tumultuous conduct” and “unreasonable noise.” What do these terms mean, and can their meanings change based on the circumstances?
Defining Tumultuous Conduct and Unreasonable Noise
Under Indiana law, tumultuous conduct means “conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property.” The term “unreasonable noise” generally means the volume of the noise and what is appropriate in the given situation, as well as the language being used. In other words, both loudness and content can create “unreasonable noise.”
Contact Our Indianapolis Criminal Defense Attorney Today
Are you facing charges for disorderly conduct or for another offense related to or involving assault? It is important to speak with an experienced Indianapolis criminal defense lawyer at Rigney Law LLC as soon as possible to begin strategizing about your defense. Our firm works with clients to develop individual defense strategies tailored to the facts of each case. We are here to assist you. Contact us today for more information.
Sources:
law.justia.com/codes/indiana/title-35/article-45/chapter-1/section-35-45-1-3/
law.justia.com/codes/indiana/title-35/article-45/chapter-1/section-35-45-1-1/
caselaw.findlaw.com/court/in-court-of-appeals/2143024.html
