ARS 13-2904: Disorderly Conduct
The complete text of A.R.S. § 13-2904 on disorderly conduct, what the State has to prove, and the sentencing range, with a violation charged as a class 6 felony or a class 1 misdemeanor and exposure reaching up to 2 years in prison.
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What the State Must Prove Under § 13-2904
A.R.S. § 13-2904 is the Arizona statute on disorderly conduct. The statute sets out 6 ways the offense can be committed. A violation is a class 6 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2 years in prison.
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
- Engages in fighting, violent or seriously disruptive behavior; or
- Makes unreasonable noise; or
- Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
- Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
- Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
- Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-2904 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-2904
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.
B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.
Source: Arizona Revised Statutes § 13-2904, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- ARS 13-2904: What Counts as Disorderly Conduct in Arizona?
- Disorderly Conduct in Tempe: What Happens? ARS 13-2904
- How Do You Get Disorderly Conduct Dismissed in AZ? ARS 13-2904
Related Statutes in Chapter 29 — Offenses Against Public Order
- A.R.S. § 13-2903 — Riot
- A.R.S. § 13-2905 — Loitering
- A.R.S. § 13-2902 — Unlawful assembly
- A.R.S. § 13-2906 — Obstructing a highway or other public thoroughfare
- A.R.S. § 13-2907 — False reporting
- A.R.S. § 13-2907.01 — False reporting to law enforcement agencies
- A.R.S. § 13-2907.02 — False reporting of child abuse or neglect
- A.R.S. § 13-2907.03 — False reporting of sexual assault involving a spouse
How Tamou Law Group Defends § 13-2904 Cases
A § 13-2904 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 6 felony and something far less serious, and it is where these cases are won.
We handle disorderly conduct cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-2904?
A.R.S. § 13-2904 is the Arizona statute on disorderly conduct. A violation is a class 6 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2904 a felony in Arizona?
It can be. Under the statute a violation is a class 6 felony or a class 1 misdemeanor, so the exposure reaches up to 2 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 6 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 6 felony at 4 months to 2 years, with a presumptive term of 1 year. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-2904?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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