Breach of the Peace

• Author: Jeffrey Lehman, Shirelle Phelps

Page 107

A comprehensive term encompassing acts or conduct that seriously endanger or disturb public peace and order.

A breach of the peace was a common-law offense, but is presently governed by statute in many states. It is frequently defined as constituting a form of DISORDERLY CONDUCT. Examples include using abusive or obscene language in a public place, resisting a lawful arrest, and trespassing or damaging property when accompanied by violence.

Statutes commonly require that conduct constituting a breach of the peace must be clearly a type of misbehavior resulting in public unrest or disturbance. As an example, a prostitute who solicited men walking by on a public street from her window was found guilty of breaching the peace, but a man who raised his voice to a police...