- Jurisdiction
- Louisiana
Can the following statute be interpreted to apply to one neighbor yelling at another neighbor while each neighbor is in his own yard? If so, how so?
LA Rev Stat § 14:103 (2017)
SUBPART C. OFFENSES AFFECTING THE
GENERAL PEACE AND ORDER
§103. Disturbing the peace
A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:
(1) Engaging in a fistic encounter; or
(2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or
(3) Appearing in an intoxicated condition; or
(4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or
(5) Holding of an unlawful assembly; or
(6) Interruption of any lawful assembly of people; or
(7) Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral route, or burial of a deceased
person during the period beginning one hundred twenty minutes before and ending one hundred twenty minutes after the funeral or burial, within
three hundred feet of the funeral or burial.
(8)(a) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with a funeral route.
(b) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering, within five hundred feet, with access into or
from any building or parking lot of a building in which a funeral or burial is being conducted, or any burial plot or the parking lot of the
cemetery in which a funeral or burial is being conducted, during the period beginning one hundred twenty minutes before and ending one
hundred twenty minutes after the funeral or burial.
B.(1) Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than
ninety days, or both.
(2) Whoever commits the crime of disturbing the peace as provided for in Paragraphs (A)(7) and (8) of this Section shall be fined not more than
five hundred dollars or imprisoned for not more than six months, or both.
C. For purposes of Paragraphs (A)(7) and (8) of this Section:
(1) "Funeral" includes a funeral, funeral home viewing, wake, or memorial service.
(2) "Funeral route" means the route of ingress or egress from the location of a funeral or burial, including thirty feet from the outer edge of the
outside lane of the route.
Amended by Acts 1960, No. 70, §1; Acts 1963, No. 93, §1; Acts 1968, No. 647, §1; Acts 1979, No. 222, §1; Acts 2006, No. 805, §1; Acts 2013,
No. 30, §1, eff. May 29, 2013.
LA Rev Stat § 14:103 (2017)
SUBPART C. OFFENSES AFFECTING THE
GENERAL PEACE AND ORDER
§103. Disturbing the peace
A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:
(1) Engaging in a fistic encounter; or
(2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or
(3) Appearing in an intoxicated condition; or
(4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or
(5) Holding of an unlawful assembly; or
(6) Interruption of any lawful assembly of people; or
(7) Intentionally engaging in any act or any utterance, gesture, or display designed to disrupt a funeral, funeral route, or burial of a deceased
person during the period beginning one hundred twenty minutes before and ending one hundred twenty minutes after the funeral or burial, within
three hundred feet of the funeral or burial.
(8)(a) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering with a funeral route.
(b) Intentionally blocking, impeding, inhibiting, or in any other manner obstructing or interfering, within five hundred feet, with access into or
from any building or parking lot of a building in which a funeral or burial is being conducted, or any burial plot or the parking lot of the
cemetery in which a funeral or burial is being conducted, during the period beginning one hundred twenty minutes before and ending one
hundred twenty minutes after the funeral or burial.
B.(1) Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than
ninety days, or both.
(2) Whoever commits the crime of disturbing the peace as provided for in Paragraphs (A)(7) and (8) of this Section shall be fined not more than
five hundred dollars or imprisoned for not more than six months, or both.
C. For purposes of Paragraphs (A)(7) and (8) of this Section:
(1) "Funeral" includes a funeral, funeral home viewing, wake, or memorial service.
(2) "Funeral route" means the route of ingress or egress from the location of a funeral or burial, including thirty feet from the outer edge of the
outside lane of the route.
Amended by Acts 1960, No. 70, §1; Acts 1963, No. 93, §1; Acts 1968, No. 647, §1; Acts 1979, No. 222, §1; Acts 2006, No. 805, §1; Acts 2013,
No. 30, §1, eff. May 29, 2013.