(1) proscribes fighting words uttered in a violent, tumultuous or threatening manner, whereas subdiv. (5) can be found "under the totality of the circumstances.which gives rise to the words. The distinction that may be drawn between the "fighting words" as contemplated under subdiv. 37 CA 500 judgment reversed in part, see 237 C. Statute meets requirements of fair notice to defendant. (5): This part of the statute is confined to language which constitutes "fighting" words and defendant's repeated vile, racist and threatening epithets were of such a nature. (3): To avoid invalidation on grounds of overbreadth, judicial gloss adopted that when a police officer is the only person upon whose sensibilities the inflammatory language could have played, a conviction can be supported only for extremely offensive behavior supporting an inference that the actor wished to provoke the policeman to violence. (1): Does not require proof of actual physical contact on part of defendant with a victim when applied to speech, parameters of the violent, threatening or tumultuous behavior prohibited by section are consistent with "fighting words" judgment of appellate court in State v. Whether defendant's vituperations addressed to the police officer constituted breach of the peace under statute discussed. Not unconstitutionally vague or overly broad. Obscene gesture must be erotic in a significant way and must appeal to prurient interest in sex or portray sex in patently offensive way. Statute found not to be unconstitutionally vague on its face and not to be overbroad. (a)(7) a class A misdemeanor, effective January 1, 2002.Ĭited.
(b) to delete exception that made a violation of Subsec. 53a-180aa by same act, and made technical changes for purposes of gender neutrality, and amended Subsec. (a)(7) re placing of a nonfunctional imitation of an explosive or incendiary device in a public place, said provision being reenacted as part of Sec. 01-2 renamed offense by replacing "breach of the peace" with "breach of the peace in the second degree" where appearing, deleted Subsec. (b) to add exception making a violation of Subdiv. (a)(7) re placing a nonfunctional imitation of an explosive or incendiary device in a public place and defined "public place", and amended Subsec. (b) to make a technical change in the name of the offense P.A. (a)(6) to replace "public, hazardous or physically offensive condition" with "public and hazardous or physically offensive condition" and amended Subsec. (b) Breach of the peace in the second degree is a class B misdemeanor.
For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place or (2) assaults or strikes another or (3) threatens to commit any crime against another person or such other person's property or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person or (5) in a public place, uses abusive or obscene language or makes an obscene gesture or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. Breach of the peace in the second degree: Class B misdemeanor.
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