In Michigan, laws make it illegal to be a “disorderly person.” Being a disorderly person, also known as engaging in disorderly conduct or disturbing the peace, can relate to a wide variety of activities, from protesting funerals to engaging in fights in public watering holes. All of these are examples of disruptive behavior because they are all aggressive and could make other people feel uncomfortable, scared, or hurt. Learn More
In What Ways Does One Qualify as a “Disorderly Person?”
To identify as a “disordered person” in Michigan is a criminal offence. The Michigan Civil Rights Act is reminiscent of earlier vagrancy laws. It includes a prohibition on homeless people (people who travel from place to place without apparent support). States have long used vagrancy laws to arrest, punish, and threaten the poor and homeless who have been falsely accused of criminal activity or deemed unpleasant.
If the lawyer can prove beyond a reasonable doubt that his or her client meets one of the following criteria, then the client is considered to be a disorderly person.
A capable individual who refuses or postpones providing for their loved ones. MCL 750.167(1)a). Read More
One who is on the ascent in the prostitution world. The statute of Michigan is MCL 750.167(1)(b)
One who frequently peers through windows at othersMCL 750.167(1)c).
A person who makes their living by unethical means. MCL 750.167(1)d).
An intoxicated person who endangers the safety of others or their property, or whose actions otherwise disrupt public order. MCL 750.167(1)e).
A person who was caught engaging in inappropriate behavior in a public place MCL 750.167(1)f). Under MCL 750.167 (3), breastfeeding a child or expressing breast milk does not automatically count as immoral or obscene, even if the mother’s areola or nipple is showing at the time.
Someone who wanders the streets MCL 750.167(1)g).
They came upon a man who was begging in a busy intersection. MCL 750.167(1)h). In light of the First Amendment’s guarantee of the right to free expression, it should be noted that this requirement of the law on the unconstitutional person has been deemed unconstitutional. Speet v. Schuette, 889 F. Supp. Supp. 2d 969 (W.D. Mich. 2012). 2.
One is discovered unconscious at a brothel or other place where sexual misconduct is legalised, condoned, or accepted. MCL 750.167(1)i).
A person who intentionally enters a building or area where unlawful activity is taking place is a burglar. MCL 750.167(1)j).
Anyone seeking employment in the criminal justice system, whether at a police station, police headquarters, county jail, hospital, courthouse, or other government area or site. MCL 750.167(1)k).
A person who unnecessarily pushes or crowds others in a public area. MCL 750.167(1)l).
Anyone with a valid hunting licence who is intoxicated or careless while carrying a firearm or other weapon while hunting is deemed to be a disorderly person. If found guilty, the individual’s firearm will be confiscated and turned over to the Department of Natural Resources for destruction in the same manner as other weapons seized for breaking the game laws.
A person convicted under this Act shall be prohibited from applying for or holding a hunting license for a period of three years from the date of imprisonment, in addition to any penalty [for an outrageous act] and as part of any sentence adopted. Any offence committed in violation of such a punishment is punishable by law. MCL 750.167a.
No one can do the following within 500 feet of a home or other place where a burial, funeral ceremony, or observation of a dead person is happening, or within 500 feet of a funeral procession or burial.
A person found guilty of disorderly conduct or possession faces up to 90 days in jail, a maximum fine of $500.00, or both.
What happens if someone who has already been convicted of a violation of this section for failing to or refusing to provide for his or her family is accused of violating it again within two years? If the defendant has already been convicted of breaking this law (750.167 (2) of the MCL) for refusing or failing to help his or her family, the defendant will be tried as a second or third offender and face a felony prosecution with a sentence of up to four years in prison or a fine of up to $10,000, or both.
MCL 750.167d lists the penalties for being found guilty of disorderly conduct within 500 feet of a building or other place where a death, memorial service, or observation of a deceased person is happening, or within 500 feet of a burial ceremony or funeral.
A fine not to exceed $5,000 or incarceration for a term not to exceed two years for a first conviction. MCL 750.168(2)a).
The maximum penalty for a second or subsequent crime is four years in prison or a fine of up to $10,000, or both. State law can be found at MCL 750.168(2)(b).
Almost every city in Michigan also has its own disorderly person ordinance, which may criminalize even more behavior than the state statute does. Don’t wait to get in touch with an experienced attorney if you or someone you care about has been charged with disorderly conduct or any other offence; they can help you find the evidence that could mean the difference between a guilty and an acquittal verdict. If there has been prior prosecution, this is especially true. Additional prosecutions, like many other offences, can result in higher penalties.