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Chapter 45 - Offenses Against Public Order

Chapter 45 - Offenses Against Public Order

46.4501 Disturbing public peace.


(a) A person commits the crime of public peace disturbance if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk of it, he:

(1) engages in fighting or in violent, tumultuous, or threatening behavior;

(2) makes unreasonable noise;

(3) in a public place uses abusive or obscene language, or makes an obscene gesture;

(4) without lawful authority, disturbs any lawful assembly or meeting of persons;

(5) obstructs vehicular or pedestrian traffic;

(6) congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse:

(7) creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; or

(8) commits any indecent conduct upon the death of a person of rank or during a "lagi" ceremony.

(b) It is a defense to prosecution under this section that the actor had significant provocation for his conduct.

(c) Public peace disturbance is a class B misdemeanor.

46.4502 Disturbing private peace.


(a) A person commits the crime of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person or persons on those premises by:

(1) threatening to commit a crime against any person or

(2) fighting.

(b) It is a defense to prosecution under this section that the actor had significant provocation for his conduct.

(c) Private peace disturbance is a class C misdemeanor.

46.4503 Definitions for peace disturbance.


For the purposes of 46.4501 and 46.4502:

(a) "Private property" means any place which at the time is not open to the public. It includes property which is owned publicly or privately.

(b) "Public place" means any place which at the time is open to the public. It includes property which is owned publicly or privately; and if a building or structure is divided into separately occupied units, those units are separate premises.

46.4504 Unlawful assembly.


(a) A person commits the crime of unlawful assembly if he knowingly assembles with 6 or more other persons and agrees with those persons to violate any of the criminal laws of this Territory or of the United States with force or violence.

(b) Unlawful assembly is a class B misdemeanor.

46.4505 Rioting.


(a) A person commits the crime of noting if he knowingly assembles with 6 or more other persons and agrees with those persons to violate any of the criminal laws of this Territory or of the United States with force or violence, and later, while still assembled, violates any of those laws with force or violence.

(b) Rioting is a class A misdemeanor.

46.4506 Refusal to disperse.


(a) A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of that unlawful assembly or riot.

(b) Refusal to disperse is a class C misdemeanor.

46.4510 Peace bond-Complaint and warrant.


A complaint verified by the oath of the complainant may be presented by the Attorney Gen-eral to the Chief Justice or the Associate Justice that a person has threatened to commit an offense against the person or property of another. If it appears from the complaint that there is just reason to fear the commission of the offense threatened by the person complained of, the Chief Justice or the Associate Justice shall issue a warrant, directed to the Chief of Police, reciting the substance of the complaint and commanding the Chief of Police or other police officer forthwith to arrest the person complained of, and to bring him before the court.

46.4511 Peace bond-Discharge of person complained of.


When the person complained of is brought before the Chief Justice or the Associate Justice, he shall take testimony in relation thereto if the charge is controverted. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged. If it appears that there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking running to the government, in such sum not exceeding $750, as the Chief Justice or the Associate Justice may direct, with one or more sufficient sureties approved by the court, to keep the peace, particularly toward the complainant, for a period of one year.

46.4512 Peace bond-Discharge or commitment.


(a) If the undertaking required by 46.4511 is given, the party complained of must be discharged. If he does not give it, the court shall commit him to prison for such term as it sees fit, which may not exceed the maximum sentence for the completion of the threatened offense.

(b) If the person complained of is committed for not giving security, he shall be discharged by the court upon giving the same.

46.4513 Peace bond-Breach.


An undertaking to keep the peace is broken upon the conviction of the person complained against of a breach of the peace. Upon receiving proof of such a conviction, the court shall order the undertaking to be prosecuted, and the Attorney General shall commence an action thereon in the name of the government. The fact of conviction of the offense must be alleged as the breach of the undertaking, and the record of any conviction so alleged is conclusive evidence thereof.