Disorderly Conduct in Indiana
How disorderly conduct is charged in Indiana, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.
Short answer: Disorderly conduct is recklessly, knowingly or intentionally fighting or engaging in tumultuous conduct, making unreasonable noise and continuing after being asked to stop, or disrupting a lawful assembly. Ind. Code § 35-45-1-3 (IPAC compilation, Indiana Code 2022)
| Disorderly conduct | Disorderly conduct is recklessly, knowingly or intentionally fighting or engaging in tumultuous conduct, making unreasonable noise and continuing after being asked to stop, or disrupting a lawful assembly. It is a Class B misdemeanor (up to 180 days and $1,000). It becomes a Level 6 felony if it adversely affects airport security at an airport, or if it is committed within 500 feet of a burial, funeral procession, funeral, memorial service or viewing and adversely affects it. Penalty ranges (Ind. Code §§ 35-50-2-6, -7; 35-50-3-2 to -4, as charted by the Indiana Public Defender Council, https://www.in.gov/ipdc/files/Advisory-and-Standard-Sentencing-Additions-or-Subtractions.pdf): Level 5 felony 1-6 years; Level 6 felony 6 months-2.5 years (fine up to $10,000); Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27. |
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FAQ
What is a disorderly conduct charge in Indiana?
Disorderly conduct is recklessly, knowingly or intentionally fighting or engaging in tumultuous conduct, making unreasonable noise and continuing after being asked to stop, or disrupting a lawful assembly. It is a Class B misdemeanor (up to 180 days and $1,000). It becomes a Level 6 felony if it adversely affects airport security at an airport, or if it is committed within 500 feet of a burial, funeral procession, funeral, memorial service or viewing and adversely affects it.
Can I get a court-appointed lawyer for disorderly conduct in Indiana?
Indiana's rule on court-appointed lawyers: Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)
How much does a lawyer for disorderly conduct cost in Indiana?
Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for disorderly conduct in Indiana?
How release before trial works in Indiana: Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.
Can a conviction for disorderly conduct be removed from my record in Indiana?
Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.