A person commits an offense if he intentionally or knowingly uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
– makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
– creates, by chemical means, a noxious and unreasonable odor in a public place;
– abuses or threatens a person in a public place in an obviously offensive manner;
– makes unreasonable noise in a public place other than a sport shooting range, or in or near a private residence that he has no right to occupy;
– fights with another in a public place;
– discharges a firearm in a public place other than a public road or a sports shooting range;
– displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
– discharges a firearm on or across a public road;
– exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.
Lewd or unlawful purposes:
Enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;
While on the premises of a hotel or comparable establishment, looks into a guest room not the person’s own through a window or other opening in the room; or
While on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.
The term “public place” includes a public school campus or the school grounds on which a public school is located.
It is a defense to prosecution that the actor had significant provocation for his abusive or threatening conduct.
An act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in a public place or near a private residence.
A noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
It is a defense to prosecution for an offense that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal.
This does not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours.
Noise arising from space flight activities, if lawfully conducted, does not constitute “unreasonable noise.”
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