Can Acts of Disorderly Conduct be Committed Online?

 Posted on November 13, 2017 in Criminal Defense

U.S. News recently reportedthat a Chicago middle schooler was charged with disorderly conduct and a hate crime after posting a video on social media. Allegedly, the video in question was threatening in nature and was removed from the Internet after a parent reported it to the Marlowe Middle School and the police got involved.

When we think of acts of disorderly conduct we often think of someone inciting a riot, peeping through a window, or fighting in public. Rarely do we think of disorderly conduct as a crime that can be committed online. Nevertheless, some states, including Illinois, recognize disorderly conduct as a crime that can be committed either in person or remotely.

Illinois’ Disorderly Conduct Statute

Under code section 720 ILCS 5/26-1, an individual can commit the crime of disorderly conduct in a number of different ways including, including the following:

• Acting in an unreasonable manner that incites a breach of the peace,
• Making a false report to the fire department,
• Entering the property of another and peeping through a window or other opening for a lewd or unlawful purpose,
• Falsely reporting that an explosive or dangerous device is concealed somewhere that threatens human life, or
• Falsely reporting that a crime is being committed.

Disorderly Conduct Committed Online

Now that social medical has become so pervasive in today’s society, the law has been forced to recognize that acts of disorderly conduct are no longer solely committed in person. For example,years ago when an individual wanted to incite a riot they did so by standing on a soap box in a public square. Now, it is often much more efficient to rile up the masses by posting online.

In an effort to keep up with changing times, lawmakers in Illinois have even made attempts to amend our state’s disorderly conduct statute so that the act of uploading certain videos onto the Internet explicitly constitutes disorderly conduct. For instance, House Bill 4419 attempted to expand Illinois’ definition of disorderly conduct to include the act of uploading videos depicting a crime being committed, batteries, gang-related fights, or other acts of violence with the intent to condone or promote such violence.

Contact a Local Disorderly Conduct Defense Attorney

If you or your child has been charged with disorderly conduct in Illinois, be aware that such an offense is serious and can be charged as either a misdemeanor or a felony and that, if convicted, you may face time in jail. Therefore, if you have been accused of engaging in disorderly conduct in Illinois, whether online or in person, be sure to contactTheLaw Offices of Christopher M. Cosley today. One of our experienced Rolling Meadows disorderly conduct defense attorneys would be happy to review your case during a free confidential consultation at our office.

Source:

https://www.usnews.com/news/best-states/illinois/articles/2017-10-30/student-charged-with-hate-crime-after-social-media-post