§ 42.01. DISORDERLY[0] CONDUCT[0]. (a) A person commits an offense if he intentionally or knowingly: (1) 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; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) discharges a firearm on or across a public road; (10) 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; or (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) 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 (C) 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. (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct[0]. (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) 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. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) 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 as defined by Section 822.101, Health and Safety Code.
Thanks for the code. My humble cusory reading doesn't see any violation, that should involve the police.
There were no fighting words, exposures, unreasonable noises (disrupting the business in question).
If that table refused to be quiet, at the request of one patron, and the restaurant staff chose not to call the police, what is the violation?
DK
Disorderly conduct. Circling the table with it prominently in view, especially in the context of a conflict, is more serious than disorderly conduct, I think.
Probably the only reason you didn't go to jail that night is because you victims were worried about driving home with alcohol on their breath after giving their statements to the cops that would have arrested you. If someone sober had been among the group, you might be out 1 kidney after the first time you ignored their instructions to "STAY DOWN!" until the police arrive.
I'd love to hear you explain to the cops, and later, the judge just what, exactly, was your purpose in circling the table twice before you gave them your super-polite little 'Billy Jack' speech.
I tell ya, CJ, you chose the Way of the Little Asshole. I know we can look at the technicalities of the laws in this state or that, but, bottom line, you came into a place that was the way it was before you got there, and you used your gun to bend it to your preferences. "Once shot a man, just fer snorin'!"
I think it's pretty obvious that, if the shoe was on the other foot and some young guy came up to your table and asked you and your buddies to "please try to keep it down so the rest of us can enjoy our meals in peace," you'd stand up with your gun on your hip, circle him twice, and say something like, "This isn't a library, we have a right to talk any way we want, we were already here when you came in, if you don't like it, leave!"