Disorderly Conduct, Unlawful Assembly, and Riot Charges in Minnesota

Disorderly Conduct (Minn. Stat. § 609.72)

Disorderly conduct is a misdemeanor (up to 90 days and a $1,000 fine). You can be charged if, in a public or private place, you do any of the following knowing, or having reasonable grounds to know, that it will tend to alarm, anger, or disturb others or provoke an assault or breach of the peace:

• brawling or fighting; or
• offensive, obscene, abusive, boisterous, or noisy conduct or language tending reasonably to arouse alarm, anger, or resentment in others.

An Important Recent Change

The statute used to include a third type of disorderly conduct — "disturbing an assembly or meeting." In State v. Hensel (2017), the Minnesota Supreme Court struck that clause down as unconstitutionally overbroad under the First Amendment. So a charge based simply on "disturbing a meeting" is no longer valid. (Older write-ups and even the printed statute may still list it, but it is not enforceable.)

The First Amendment and "Fighting Words"

This is the heart of most disorderly conduct defenses. Because the statute can reach speech, the courts have narrowed it to protect free expression:

• A charge based on the content of what you said generally must involve "fighting words" — words that by their very utterance tend to incite an immediate breach of the peace. Speech that is merely offensive, annoying, or rude is not enough.
• Political and protest speech on matters of public concern is especially protected.
• Even abusive or obscene language directed at police is not disorderly conduct unless it rises to fighting words (though sufficiently loud, boisterous conduct can qualify on a noise basis rather than content).

Courts have warned that the charge "should not be used merely to combat rudeness." There must be proof that the public, or some person, actually was or reasonably could have been disturbed.

What this means for you: If a disorderly conduct charge is based on something you said, the key question is whether it was truly "fighting words" or constitutionally protected speech. That distinction wins cases.

Unlawful Assembly (Minn. Stat. § 609.705)

Unlawful assembly is a misdemeanor that occurs when three or more people assemble:

• with intent to commit an unlawful act by force;
• with intent to carry out a purpose in a way that will disturb or threaten the public peace; or
• even without an unlawful purpose, where they conduct themselves in a disorderly manner that disturbs or threatens the public peace.

A related statute makes it a misdemeanor to be present "without lawful purpose" at the place of an unlawful assembly and refuse to leave when ordered by law enforcement.

These laws carry real constitutional concerns, because they brush against the rights to peaceably assemble, to free speech, and to petition the government — and against the principle that merely being present at the scene of a crime isn't itself a crime. Those concerns are often central to the defense.

Riot (Minn. Stat. § 609.71)

Riot is the most serious of these offenses. It occurs when three or more people assembled disturb the public peace by an intentional act or threat of unlawful force or violence to a person or property. It comes in three degrees:

• First-degree riot (felony): when a death results and a participant is armed with a dangerous weapon — punishable by up to 20 years and a $35,000 fine.
• Second-degree riot (felony): when a participant is armed with a dangerous weapon.
• Third-degree riot (gross misdemeanor): riot without a death or weapon — up to 364 days and a $1,000 fine.

How Riot Differs From the Lesser Offenses

Riot requires an intentional act or threat of unlawful force or violence by the group — it goes beyond mere disorderly conduct or a peaceful (even if unlawful) assembly into actual or threatened violence. A person who isn't actively engaged can still be convicted if they were present and "ready to give support, if necessary," and a "common purpose" can be inferred from the circumstances.

What this means for you: In a chaotic crowd event, the line between a bystander, a protester, and a "participant" in a riot is often blurry — and that line is exactly where these cases are fought. A riot conviction (especially a felony) carries lasting consequences, including potential loss of firearm rights and immigration consequences for non-citizens.

Possible Defenses

• Protected speech — the conduct was expression, not "fighting words," especially in a protest context.
• No reasonable tendency to disturb — the conduct didn't and couldn't reasonably alarm or disturb others.
• Mere presence — being in a crowd or at a scene without being a participant.
• Lack of intent or knowledge.
• Self-defense or defense of others.
• Mistaken identification in a chaotic, crowded event.

Key Terms

• Disorderly conduct: Fighting, or offensive/noisy conduct or language tending to alarm or provoke others.
• Fighting words: Speech that by its very utterance tends to incite an immediate breach of the peace — the narrow category of unprotected speech.
• Unlawful assembly: Three or more people assembling to disturb or threaten the public peace.
• Riot: A group disturbing the peace through an intentional act or threat of unlawful force or violence.