Virginia Disorderly Conduct Law – Va. Code § 18.2-415

Disorderly conduct in Virginia is classified as a Class 1 misdemeanor under VA Law § 18.2-415. A conviction for disorderly conduct under Virginia law can result in up to 12 months in jail and a $2,500 fine.

This criminal offense is charged when an individual, in a public place, engages in conduct with the intent to cause public inconvenience, annoyance, or alarm, or recklessly creates a risk of such outcomes, and that conduct has a direct tendency to incite violence at the person toward whom it is directed.

Defenses to Disorderly Conduct Charges in Virginia

The success of a disorderly conduct prosecution depends heavily on the specific facts and circumstances of the case. Key elements such as the location, time, tone, and physical behavior surrounding the alleged conduct are central to any legal analysis. In many cases, the defense will focus on whether the area qualifies as a “public place” under the statute and whether the conduct truly had a direct tendency to incite violence.

Courts have drawn clear distinctions between offensive or profane language and behavior that rises to the legal threshold for disorderly conduct. For example, in Ford v. Commonwealth, the court found that loud, profane, and even obnoxious behavior—without a corresponding threat of violence—did not justify a disorderly conduct charge.

Conversely, in Keyes v. Commonwealth, the court upheld a conviction when the defendant’s body language and aggressive shouting caused an officer to reasonably believe a physical altercation was imminent. Similarly, in Tokara-Mansary, the court affirmed a conviction when the defendant created a scene at a busy intersection that disrupted traffic and caused public concern.

Free speech protections under the First Amendment play a significant role in these cases. Courts cannot base guilt solely on the content of speech. Instead, they must assess the time, place, and manner in which the speech occurred. Speech coupled with aggressive or threatening behavior, however, may still support a conviction.

Additionally, if the conduct in question qualifies as a violation of another, more specific criminal statute, prosecutors must pursue that charge instead of or in place of disorderly conduct. Virginia courts do not allow simultaneous prosecution under both § 18.2-415 and another criminal code section for the same conduct when it overlaps.

Why You Need a Criminal Defense Attorney for Disorderly Conduct Charges

Facing a disorderly conduct charge in Virginia is not a trivial matter. As a Class 1 misdemeanor, a conviction can result in jail time, a criminal record, and significant fines. More importantly, the law surrounding disorderly conduct is complex and often subjective, especially when First Amendment rights and law enforcement conduct are involved.

An experienced Virginia criminal defense attorney can evaluate the strength of the prosecution’s case, challenge improper application of the disorderly conduct statute, and present compelling legal arguments to defend your rights. Whether asserting constitutional defenses, contesting the public nature of the conduct, or disputing the presence of intent or threat, skilled legal representation is critical.

Without knowledgeable legal counsel, you risk a conviction that may impact your employment, security clearance, and future opportunities. Contact a qualified defense lawyer immediately if you have been charged with disorderly conduct in Virginia.

Disorderly Conduct Laws Enforced in Northern Virginia

Virginia State Law § 18.2-415 Disorderly conduct in public places.

A. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:

1. In any street, highway, or public building, or while in or on a public conveyance, or while in a public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed;

2. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society, or place of religious worship, if the disruption

(i) prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or

(ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or

3. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption

(i) prevents or interferes with the orderly conduct of the operation or activity or

(ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.

B. The conduct prohibited under subsection A shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.

C. The person in charge of any such building, place, conveyance, meeting, operation, or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

D. The provisions of this section shall not apply to any elementary or secondary school student if the disorderly conduct occurred on the property of any elementary or secondary school, on a school bus as defined in § 46.2-100, or at any activity conducted or sponsored by any elementary or secondary school.

E. The governing bodies of counties, cities, and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section is guilty of a Class 1 misdemeanor.

Fairfax County Ordinance Section 5-1-4 – Disorderly conduct in public places; ejection of violators.

(a) A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Article; or

(2) Willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the governing body of any political subdivision of this State or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this Article.

(3) A person violating any provision of this Section shall be guilty of a Class 1 misdemeanor.

(b) The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this Section, with the aid, if necessary, of any persons who may be called upon for such purpose.

Alexandria Ordinance Sec. 13-1-30 – Disorderly conduct.

(a) A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) in any street, highway, public building, or while in or on a public conveyance, or public place, engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words,

(2) willfully, or being intoxicated, whether willfully or not, disrupts any meeting of the city council or any department, agency, board or commission of this city, or of any school, literary society or place of religious worship, if this, disruption prevents or interferes with the orderly conduct of the meeting or has a direct tendency to cause acts of violence by the person or persons at whom, individually, this disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter.

(3) urinates or defecates in any public place or in any place open to the public or exposed to public view or upon the surface of the ground or upon any premises, lot or in any building, basement or in any public street, or into any standing water, stream or excavation or public place other than a proper toilet or portable toilet:

(4) causes, provokes, engages in or congregates with another or others for the purpose of engaging in any fight, brawl or riot so as to endanger the life, limb, health or property of another or public property wherever located;

(5) utters any lewd or obscene words or epithets in an unreasonably loud manner, or disturbs the public peace or quiet by loud and boisterous conduct. For purposes of this subsection, the term “loud and boisterous conduct” means an activity and noise of sufficient volume, intensity and duration so as to annoy or disturb unreasonably the comfort, health, welfare and environment, place or safety of persons in any office, dwelling, hotel or other type of residence, or of any person in the city.

(b) The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provisions of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

(c) Anyone convicted of a violation of this section shall be guilty of a class 3 misdemeanor.

Arlington County Ordinance § 17-3. Disorderly Conduct.

A. A person is guilty of disorderly conduct if, with the predominant intent to cause inconvenience, annoyance or alarm to one (1) or more other persons, or recklessly to create a risk thereof, he engages in conduct, including the utterance or display of any threatening, abusive or insulting language, which, with respect to the person or persons at whom, individually, such conduct or language is directed, has a direct tendency to cause:

1. Acts of violence by such person or persons; or
2. Fear by such person or persons of an unpermitted touching of them or personal injury to them; or
3. Personal injury to such person or persons, or an unpermitted touching of them; or
4. Destruction or defacing of, or injury to the property of such person or persons or the property of others in their control or custody;
while either he or any of such persons are located upon any public property, or upon private property while open to the public, or upon any public conveyance.

B. A person is guilty of disorderly conduct if, willfully, or being intoxicated, whether willfully or not, he disrupts any meeting of the Arlington County Board of the Arlington School Board, or of any committee, board or commission appointed in whole or in part by either of them, or of employees of Arlington County or the Arlington School Board, convened to conduct public business, or any meeting of a school, literary society or religious group, if such disruption prevents or interferes with the orderly conduct of such meeting.

C. A person in charge of any such public property, private property while open to the public, public conveyance or meeting may eject therefrom any person whom he has probable cause to believe has committed any such disorderly conduct, with the aid, if necessary, of any persons who may be called upon for such purpose.

D. Any person committing any such disorderly conduct shall be guilty of a Class 1 misdemeanor; provided, however, that if such disorderly conduct consists only of the utterance or display of abusive or insulting language in violation of § 17-3.A, such person shall be punished only by a fine not to exceed five hundred dollars ($500.00).

City of Fairfax Ordinance Sec. 54-307 – Disorderly conduct generally.

(a ) A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) In any street, highway, public building, or while in or on a public conveyance, or while in a public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or

(2) Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this state or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption

(i) prevents or interferes with the orderly conduct of such the funeral, memorial service, or meeting or

(ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or

(3) Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administrated alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption

(i) prevents or interferes with the orderly conduct of the operation or activity or

(ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable by this chapter.

(b)The person in charge of any such building, place, conveyance, meeting, operation, or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

(c) For the purposes of this section a public place shall include any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, not necessarily a place devoted solely to the uses of the public. Public place also includes the front and immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.

(d) The provisions of this section shall not apply to any elementary or secondary school student if the disorderly conduct occurred on the property of any elementary or secondary school, on a school bus as defined in Code of Virginia, § 46.2-100, or at any activity conducted or sponsored by an elementary or secondary school.

(e) A person violating any provision of this section shall be guilty of a class 1 misdemeanor.

Vienna Ordinance Sec. 10-41 – Disorderly conduct.

A person is guilty of disorderly conduct if with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(a) In any street, highway, public building, or while in or on a public conveyance, or public place in the Town, engages in conduct having a direct tendency to cause acts of violence by the person at whom, individually, such conduct is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter;

(b) Willfully or being intoxicated, whether willfully or not, disrupts any meeting of the Town Council or any board, commission, or committee of the Town government, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person at whom, individually, such disruption is directed; provided, however, such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or

(c) Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption prevents or interferes with the orderly conduct of the operation or activity, or has a direct tendency to cause acts of violence by the person at whom, individually, the disruption is directed. The person in charge of any such building, place, conveyance or meeting may eject therefrom any person who violates any provision of this section with the aid, if necessary, of any persons who may be called upon for such purpose.

Any person violating any provision of this section shall be guilty of a Class 1 misdemeanor.

Falls Church Ordinance Sec. 28-148 – Disorderly conduct.

(a) It shall be unlawful for any person with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, to:

(1)In any street, highway, public building, or while in or on a public conveyance or public place, engage in conduct having a direct tendency to cause acts of violence by the person at whom, individually, such conduct is directed. Such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter;

(2)Willfully or being intoxicated, whether willfully or not, disrupt any meeting of the governing body of the city or a division or agency thereof, or of any school, literary society or place of religious worship, if such disruption prevents or interferes with the orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person at whom, individually, such disruption is directed. Such conduct shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter; or

(3)Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupt the operation of any school or any activity conducted or sponsored by any school, if the disruption:

a.Prevents or interferes with the orderly conduct of the operation or activity; or

b.Has a direct tendency to cause acts of violence by the person at whom, individually, the disruption is directed.

The conduct prohibited under this subsection shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this chapter.

(b)The person in charge of any such building, place conveyance or meeting may eject any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

(c)Violation of any of the provisions of this section, upon conviction, shall be punishable as a class 1 misdemeanor