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Public Misconduct or Nuisance

person in gray hoodie holding beer

Generally speaking, public misconduct or nuisance charges carry low-level sentencing in the state of Minnesota. For example, DISORDERLY CONDUCT and PUBLIC NUISANCE are considered misdemeanors, with a maximum sentencing of 90 days in jail and/or a fine no more than $1,000. Although misdemeanors are not as serious in comparison to gross misdemeanors or felonies, they still carry serious negative consequences. Having a lawyer can help lessen these consequences. If you have been charged with disorderly conduct, public nuisance, or otherwise, contact us today at 651-364-1508 to learn how we can help.

Disorderly Conduct

Under Minnesota law, disorderly conduct is a misdemeanor and according to MN Statute 609.72, is when someone, in a public or private place:

  • engages in a brawl,
  • disturbs a lawful assembly or meeting, or
  • engages in disruptive, abusive, or offensive behavior that arouses alarm or resentment in others.

Examples of disorderly conduct include violating noise ordinances, public drunkenness, loitering, and fighting.

Public Nuisance

Public nuisance is also a misdemeanor. According to MN Statute 609.74, a person is guilty if they unreasonably annoy, injure, or endanger the health, safety, morals, or comfort of a considerable number of the general public. Public nuisance also includes interfering with, obstructing, or rendering dangerous any public highway, right-of-way, or waters used by the general public. Pollution, prostitution or prostitution-related activity, drug activity, and use of explosives/fireworks are all examples of public nuisance.

Unlawful Assembly

Unlawful assembly is a misdemeanor, and according to MN Statute 609.705, is when three or more people assemble with the intent to commit any unlawful act by force, with intent to carry out any purpose that will disturb the public peace, or the participants conduct themselves in a disorderly manner that will disturb the public peace.


There are three degrees to Riots, which involves three or more people assembling and disturbing the peace by an intentional act or threat of unlawful force or violence against another person or property, according to MN Statute 609.71. The lowest level of rioting is third-degree, which carries a sentencing to imprisonment for no more than 1 year and/or to payment of a fine no more than $1,000. For riot second-degree, each participant armed with a dangerous weapon or otherwise knows that another participant carries a dangerous weapon, may be sentenced to prison for no more than 5 years and/or be fined $10,000. Lastly, for riot first-degree, the riot resulted in a death and at least one person was armed with a dangerous weapon, carrying a sentence to imprisonment for up to 20 years and/or a fine or $35,000.

What should I do?

Contact us at 651-364-1508 to see how we can help with your case.

Frequently Asked Question

  • Minnesota law makes it a crime to operate a motor vehicle and they define the term motor vehicle as “every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. the term includes motorboats in operation and off-road recreation vehicles, but does not include a vehicle moved solely by human power. So your ATV’s, electric scooters and bikes, boats, jetskis, and yes, even your tractors, are fair game.