Source or Prior Law:

21-949, 21-950.

Law Review and Bar Journal References:

Possible misuse of broad conspiracy statute, "Kansas' New Conspiracy Law," Larry R. O'Neal, 19 K.L.R. 799, 800, 806, 808 (1971).

CASE ANNOTATIONS

1. Conviction hereunder affirmed; no prejudicial error in trial court's exercise of discretion on extent of cross-examination. State v. Parker, 213 Kan. 229, 516 P.2d 153.

2. Elements of crime hereunder may be proven even if one person other than defendant present during alleged conduct. State v. Polson, 225 Kan. 821, 822, 823, 825, 826, 594 P.2d 235.

3. Statute withstands constitutional challenge for overbreadth when construed to prohibit speech within limited category of "fighting words." State v. Huffman, 228 Kan. 186, 187, 188, 189, 191, 192, 193, 612 P.2d 630.

4. Mentioned in discussing meaning of "reasonable"; not unconstitutionally vague as used in K.S.A. 21-3608(1)(b). State v. Fisher, 230 Kan. 192, 193, 631 P.2d 239 (1981).

5. Disorderly conduct not lesser included offense in prosecution for obstructing legal process, K.S.A. 21-3808. State v. Carpenter, 231 Kan. 235, 236, 241, 242, 642 P.2d 998 (1982).

6. Conduct based solely on speech; instruction erroneous which does not require jury to find speech constituted "fighting words." State v. Heiskell, 8 Kan. App. 2d 667, 668, 670, 666 P.2d 207 (1983).

7. "Fighting words," regardless where uttered, constitute disorderly conduct. State v. Beck, 9 Kan. App. 2d 459, 461, 682 P.2d 137 (1984).

8. Mentioned in considering grounds for "stop and frisk" seizure. State v. Mayfield, 10 Kan. App. 2d 175, 178, 694 P.2d 915 (1985).

9. Cited; statute (K.S.A. 21-4113) proscribing harassment by telephone not constitutionally overbroad. State v. Thompson, 237 Kan. 562, 564, 701 P.2d 694 (1985).

10. Cited; "name calling" as not included in category of non-constitutionally protected speech such as "fighting words" examined. City of Wichita v. Hughes, 12 Kan. App. 2d 621, 625, 752 P.2d 1086 (1988).

11. Considered in action for unlawful arrest. Mann v. Purcell, 718 F. Supp. 868, 874 (1989).

12. Use of profanity does not necessarily supply probable cause for arrest for disorderly conduct; question of fact to be determined by jury. Elbrader v. Blevins, 757 F. Supp. 1174, 1180 (1991).

13. Under facts, arrestee did not commit offense of disorderly conduct when she threw tickets on ground. Berry v. City of Phillipsburg, Kan., 796 F. Supp. 1400, 1402, 1407 (1992).

14. Cited; whether criminal defamation statute is constitutionally overbroad examined. Phelps v. Hamilton, 828 F. Supp. 831, 836 (1993).

15. Cited in discussion regarding whether K.S.A. 21-3902 is unconstitutionally vague. State v. Adams, 254 Kan. 436, 441, 866 P.2d 1017 (1994).

16. Noted in discussion of constitutional vagueness challenge to K.S.A. 21-3438. State v. Bryan, 259 Kan. 143, 147, 910 P.2d 212 (1996).

17. Officer had reasonable suspicion that defendant engaged in misdemeanor hereunder justifying stop under K.S.A. 22-2402. City of Dodge City v. Hadley, 262 Kan. 234, 245, 936 P.2d 1347 (1997).

18. City ethnic intimidation ordinance incorporating disorderly conduct ordinance not a content-based regulation of free speech. City of Wichita v. Edwards, 23 Kan. App. 2d 962, 965, 939 P.2d 942 (1997).

19. Free speech and due process claims of arrestee prosecuted for giving police officer obscene gesture dismissed. Cook v. Bd. of County Com'rs of City of Wyandotte, 966 F. Supp. 1049, 1051 (1997).

20. Dismissal of underlying misdemeanor of disorderly conduct where aggravated intimidation of a witness dismissed constituted reversible error. State v. Phelps, 266 Kan. 185, 186, 967 P.2d 304 (1998).

21. Trial court refusal to give jury instruction on disorderly conduct as a lesser included offense of criminal threat or battery upheld. State v. Butler, 25 Kan. App. 2d 35, 39, 956 P.2d 733 (1998).