Arizona

I flipped this construction worker the "bird" and he called the police. Officer says its Disorderly Conduct.

Arizona 13-2904 (A) A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

subsection:
1. Engages in fighting, violent or seriously disruptive behavior; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person.


Do you think giving someone your middle finger is a criminal misdemeanor - $2500 fine and 6 months in jail (maximums of course)?

If I just read the statute, I would probably think yes I am guilty (sorta still seems severe for flipping the 'bird').

Thankfully, AZ Supreme court had couple cases similar and they say nope. Its rude and offensive but without the violence its just not disorderly conduct. Well we'll see if I'm right in next couple of weeks, next week I serve the court and prosecutors office my motion to dismiss based on case law from the AZ Supreme court! Its both exciting and scary!!!