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  1. #1
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    Sep 2007
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    Default Breach Of Peace Statutes

    Can someone please tell me the difference between these two Statutes?

    Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

    (b) Breach of the peace in the second degree is a class B misdemeano
    Sec. 53a-181a. Creating a public disturbance: Infraction. (a) A person is guilty of creating a public disturbance when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he (1) engages in fighting or in violent, tumultuous or threatening behavior; or (2) annoys or interferes with another person by offensive conduct; or (3) makes unreasonable noise.

    (b) Creating a public disturbance is an infraction.

    (P.A. 83-276, S. 2; P.A. 92-260, S. 69.)

    History: P.A. 92-260 amended Subsec. (b) to make a technical change.

    Cited. 228 C. 795. Cited. 243 C. 115.

    No right to jury trial. 9 CA 255. Cited. 12 CA 258; Id., 481. Cited. 24 CA 195; Id., 541. Cited. 28 CA 344. Cited. 32 CA 656; judgment reversed in part, see 232 C. 345.

    Subsec. (a):

    Cited. 237 C. 613.

    Subdiv. (2): "Offensive conduct" defined. 12 CA 481. Subdiv. (1): Legislative intent to proscribe conduct which actually involves physical violence or portends imminent physical violence. Id. Cited. 36 CA 625; judgment reversed, see 237 C. 613.

  2. #2
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    Default Re: Regarding Breach Of Peace

    The former is broader, and is a misdemeanor offense; the latter is narrower, and is an infraction.

  3. #3
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    Default Re: Breach Of Peace Statutes

    The former is broader, and is a misdemeanor offense; the latter is narrower, and is an infraction.
    Thanks for pointing out the obvious. What facts would the arresting officer arrive on to determine which one to charge?

  4. #4
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    Default Re: Breach Of Peace Statutes

    Not to point out the obvious, but that's something you would have to ask the officer.

  5. #5
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    Default Re: Breach Of Peace Statutes

    What conduct would have happened to take place to make the officer charge one over the other?

  6. #6

    Default Re: Breach Of Peace Statutes

    They can look at the totality of circumstances - how many people complained, how long it took to restore order, the attitude and demeanor of the individuals involved, how much mess they made, if prior warnings had been given, if OTHER violations or crimes occurred at the same time (assault or battery commonly) and about a thousand other factors - the big decider is usually "how public" the activity in question was (there's a big difference between yelling in your apartment and annoying your neighbors versus yelling in the middle of the parking lot and disturbing a larger area). The more public the behavior, the higher liklihood of the misdemeanor.

  7. #7
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    Sep 2007
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    Default Re: Breach Of Peace Statutes

    I will have to go on a fact checking tour, as far as I have seen Breach Of Peace has been used the majority of the time. What if there is no complaining party, or there is 1 complaining party and another contradictory story of another witness?


    Why is this Statute so broad?

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