§ 53a-181a — Creating a public disturbance: Infraction.

Connecticut § 53a-181a

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of creating a public disturbance when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he (1) engages in fighting or in violent, tumultuous or threatening behavior; or (2) annoys or interferes with another person by offensive conduct; or (3) makes unreasonable noise. (b) Creating a public disturbance is an infraction.

Legislative History

(P.A. 83-276, S. 2; P.A. 92-260, S. 69.) History: P.A. 92-260 amended Subsec. (b) to make a technical change. Cited. 228 C. 795; 243 C. 115. No right to jury trial. 9 CA 255. Cited. 12 CA 258; 24 CA 195; Id., 541; 28 CA 344; 32 CA 656; judgment reversed in part, see 232 C. 345. Classification by legislature of infractions as noncriminal acts payable by fine operates as a presumption that infractions do not constitute criminal offenses for purposes of double jeopardy analysis, albeit one that is rebuttable by clear proof to the contrary; protections afforded by federal double jeopardy clause were not implicated by trial court's erroneous sua sponte dismissal of charge against defendant when trial court plainly did not evaluate the state's evidence and failed to make a determination that the evidence was legally insufficient to sustain a conviction. 134 CA 346. Subsec. (a): Cited. 237 C. 613. “Offensive conduct” defined; legislative intent to proscribe conduct which actually involves physical violence or portends imminent physical violence. 12 CA 481. Cited. 36 CA 625; judgment reversed, see 237 C. 613. Language in Subdivs. (1) and (2) is similar to that of disorderly conduct statute in Sec. 53a-182, and therefore, based on prior court interpretations of Sec. 53a-182, is not facially vague. 134 CA 175.