Public Order Crimes

Estimated reading time: 4 minutes

What are public order crimes? This category includes victimless crimes, consensual crimes, and vice crimes. These crimes involve willing participants engaging in an activity that may not have an immediate victim but is criminalized by statutes for attempting to legislate morality. They also include crimes that interfere with police and the courts administration of the laws. Here we briefly list examples and discuss how a criminal defense attorney can help defend a person facing this type of criminal charge.

Unlike common-law crimes like murder or rape, which are mala in se crimes (evil in and of themselves), public order crimes are crimes on a technical basis, mala prohibitum crimes, only because a human law prohibits the conduct. Moreover, these crimes may lack a broad consensus that the people targeted for these activities should be criminalized and incarcerated, despite their classification as public order offenses.

Selected Public Order Crimes

Disorderly conduct, which can involve fighting (conduct), or using abusive language in public (words, which can implicate the First Amendment). But Public Drunkenness, alone and without more, is not a crime in Minnesota.

Rioting, which includes participating in violent public disturbances and acts like vandalism, arson, and assault.

Loitering, remaining in a public place without a clear purpose, can cause concern for safety as a public order issue.

Indecent exposure or public indecency, such as exposing one’s genitals or engaging in sexual acts in a public place.

Prostitution and related conduct such as solicitation.

Possession crimes, such as Drug Possession, and Cannabis Possession, as well as Firearm Possession – all victimless “crimes.”

Drug offenses, including the sale, use, or distribution of illegal drugs.

Marijuana crimes, such as possession, growing over the permitted amounts, or unlawful sale.

Weapons offenses, such as the unlawful sale or possession of a weapon.

Firearms crimes, relating to use, prohibited persons, banned firearms.

Driving-related offenses including driving under the influence of alcohol or other drugs, driving with a suspended or revoked license, and some felonies involving a motor vehicle.

Fleeing Police, either in a motor vehicle or otherwise.

Obstruction & Resisting Arrest in Minnesota.

Perjury, also considered a public order offense.

Bribery,

Masking in Public,

Gambling (illegal).

Point-of-View: Us vs. Them

None of these public order crimes violate the Ten Commandments. They are crimes based upon a technicality of the laws imposed upon the People, not based on moral consensus. And this makes these crimes highly susceptible to interpretation, context, group identity, and discretion. These crimes are more likely to exist in the eye of the beholder.

“Rules for thee and not for me.” Humans often will judge others but forgive ourselves, often lacking insight into the powerful influence of point-of-view. And this flaw is most apparent when it comes to these public order crimes. For a deeper look into this topic, see my article: Point-of-View and Self-Defense.

What remedy? We should repeal nearly all laws where the conduct we disapprove does not result in a direct, physical or economic injury to an identifiable person.

Defending Public Order Charges

If you face criminal charges under a public order crime statute, I can help you defend against them. Defense work includes scrutinizing the evidence that the police and prosecution have, and asserting your rights to suppress any illegal evidence.

Next, we look at the criminal statute(s) cited in the charging document, such as the Complaint. All criminal statutes include “elements” of the offense, and the government is required to prove each and every one, beyond doubt, in order to get a conviction. Often, their evidence is weak on one or more element.

Finally, especially when it comes to “public order” crimes, a social consensus that the proscribed conduct should be a crime, may be lacking. And the jury may reflect this lack of consensus. Fortunately, the Constitution guarantees us a right to trial by jury. The jury is the final finder of fact and law, not the judge. And we can ask the jury to do the right thing, regardless of what the law says.

More on: Criminal Defenses.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Have a question about a public order crime? You are welcome to call Attorney Thomas Gallagher to discuss.

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