Disorderly Conduct
Acts that corrupt public morals, outrage public decency, disturb the peace and quiet of witnesses, or involve brawling or fighting.
Florida Statute
§ 877.03
Breach of the peace; disorderly conduct
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Disorderly conduct is a public-order offense. The applicable act and constitutional limits, including protected speech, require careful factual review.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
Statutory conduct theory
The defendant committed an act or acts that, as applicable, corrupted the public morals, outraged the sense of public decency, affected the peace and quiet of persons who witnessed the act or acts, or involved brawling or fighting.
Plain language: The State must prove an act fitting at least one applicable statutory theory.
Jury Instructions
Jury Instructions
Instruction 30.4
Disorderly Conduct / Breach of the Peace
Florida Standard Jury Instruction for F.S. § 877.03; evaluate protected-speech and self-defense issues when applicable.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Constitutionally Protected Speech
The current standard jury instruction cautions that a special instruction may be necessary when a defendant claims the conduct was protected speech, so that a person is not convicted for exercising a constitutional right.
Additional Notes
Additional Notes
Quick Reference
Disorderly conduct is a second-degree misdemeanor involving conduct that fits an applicable statutory public-order theory under F.S. 877.03. Identify and document the precise conduct and the persons who witnessed it.
Classification
Disorderly conduct or breach of the peace under F.S. 877.03 is a misdemeanor of the second degree.
Constitutional Considerations
The current standard jury instruction cautions that a special instruction may be necessary when protected speech is claimed. Review the facts and current law carefully before relying on a speech-based theory.
Official Source
Always verify the current version of F.S. § 877.03 and Florida Standard Jury Instruction 30.4 before relying on a charging determination.