CHAPTER 723
PUBLIC DISORDER

Referred to in §331.307, 364.22, 701.1

  
     
723.1  Riot.
  A riot is three or more persons assembled together in a violent manner, to the disturbance of others, and with any use of unlawful force or violence by them or any of them against another person, or causing property damage. A person who willingly joins in or remains a part of a riot, knowing or having reasonable grounds to believe that it is such, commits an aggravated misdemeanor.
[C51, §2740, 2741, 2743; R60, §4388, 4389, 4391; C73, §4067, 4068, 4070; C97, §5031, 5032, 5035; C24, 27, 31, 35, 39, §13340, 13341, 13347; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §743.2, 743.3, 743.9; C79, 81, §723.1]
Referred to in §901C.3

     
723.2  Unlawful assembly.
  An unlawful assembly is three or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense. A person who willingly joins in or remains a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such, commits a simple misdemeanor.
[C51, §2739, 2741; R60, §4387, 4389; C73, §4066, 4068; C97, §5030, 5032; C24, 27, 31, 35, 39, §13339, 13341; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §743.1, 743.3; C79, 81, §723.2]

     
723.3  Failure to disperse.
  A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse. Any person within hearing distance of such command, who refuses to obey, commits a simple misdemeanor.
[C51, §2797, 2798, 2801; R60, §4493, 4494, 4497; C73, §4149, 4150, 4153; C97, §5147, 5148, 5151; C24, 27, 31, 35, 39, §13342, 13343, 13346; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §743.4, 743.5, 743.8; C79, 81, §723.3]

     
723.4  Disorderly conduct.
  A person commits a simple misdemeanor when the person does any of the following:
  1.  Engages in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport.
  2.  Makes loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.
  3.  Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
  4.  Without lawful authority or color of authority, the person disturbs any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.
  5.  By words or action, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.
  6.  a.  Knowingly and publicly uses the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.
  b.  As used in this subsection:
  (1)  “Deface” means to intentionally mar the external appearance.
  (2)  “Defile” means to intentionally make physically unclean.
  (3)  “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.
  (4)  “Mutilate” means to intentionally cut up or alter so as to make imperfect.
  (5)  “Show disrespect” means to deface, defile, mutilate, or trample.
  (6)  “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread upon.
  c.  This subsection does not apply to a flag retirement ceremony conducted pursuant to federal law.
  7.  Without authority or justification, the person obstructs any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.
[C51, §2718, 2738, 2742; R60, §1768, 4360, 4386, 4390; C73, §1566, 4023, 4065, 4069; C97, §2468, 4959, 5029, 5033, 5034; S13, §2468, 5034; C24, 27, 31, 35, 39, §13110, 13111, 13221, 13226, 13348, 13349; C46, 50, 54, 58, 62, 66, §714.31, 714.32, 727.1, 728.1, 744.1, 744.2; C71, 73, 75, 77, §714.31, 714.32, 714.42, 727.1, 728.1, 744.1, 744.2; C79, 81, §723.4]
88 Acts, ch 1093, §1; 2007 Acts, ch 202, §15; 2010 Acts, ch 1061, §82

  
     
723.5  Disorderly conduct — funeral or memorial service.
  1.  A person shall not do any of the following within one thousand feet of the building or other location where a funeral or memorial service is being conducted, or within one thousand feet of a funeral procession or burial:
  a.  Make loud and raucous noise which causes unreasonable distress to the persons attending the funeral or memorial service, or participating in the funeral procession.
  b.  Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
  c.  Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession, or burial.
  2.  This section applies to conduct within sixty minutes preceding, during, and within sixty minutes after a funeral, memorial service, funeral procession, or burial.
  3.  A person who commits a violation of this section commits:
  a.  A simple misdemeanor for a first offense.
  b.  A serious misdemeanor for a second offense.
  c.  A class “D” felony for a third or subsequent offense.
2006 Acts, ch 1058, §1, 2; 2015 Acts, ch 78, §1