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Archive for the ‘peeping tom’ tag

Disorderly Conduct Offenses

October 29th, 2018 at 1:05 pm

Illinois defense attorneyDisorderly conduct, 720 ILCS 5/26-1, may sound like a harmless offense—one that will result in nothing more than a few days of community service at the worst, but in reality, it can be a life-altering moment in a person’s life. Depending on the circumstances, disorderly conduct is a felony. Being found guilty could mean the end of your career, your social status within your community, your child custody or visitation rights, and more: your freedom. Disorderly conduct can result in one to three years in prison and a $25,000 fine.

What Were You Charged For?

The most common scenarios of a defendant being charged with disorderly conduct include the following:

  • Being drunk in public—While it is not a crime in and of itself to walk down the street or sit in a bar while being intoxicated, acting in an overtly drunk, loud, obnoxious, or harassing manner is a crime. All it takes is a few too many drinks and a lapse in judgment to end up behind bars for the night, with a disorderly conduct charge looming in your future.
  • Yelling loudly late at night or early in the morning—Disturbing the peace by yelling or making unnecessary loud noises late at night or early in the morning is a serious crime, believe it or not. While you may have had a perfectly good reason to yell, either out of self-defense or surprise, or your loud yelling was largely exaggerated by the accuser, you still need an attorney to ensure that you are not given a criminal record.
  • Being at a protest—Sadly, all it takes these days to be arrested at a protest is simply being there at the protest. You do not have to be inciting a riot, blocking machinery or traffic, damaging property, yelling, or even refusing to disperse in order to be charged with various crimes at a protest or demonstration. To be sure, 575 people were recently arrested at a Women’s March, as reported by The New York Times. Unnecessary or unlawful arrests at protests happen every day, and disorderly conduct is a common charge. Furthermore, police do not have to have your permission to search you by patting you down and do not have to have very much, if any, evidence to make an arrest. While such an arrest is not legal, it is commonplace.

Other Forms of Disorderly Conduct

  • Entering a dwelling for lewd purposes as a “peeping Tom;”
  • Calling 911 unnecessarily;
  • Public misconduct;
  • Falsely reporting a bomb, crime, or child abuse; and
  • Inciting a riot.

Our Disorderly Conduct Defense Attorneys Can Help

If you have been arrested for disorderly conduct, you need to reach out to a Rolling Meadows criminal defense attorney immediately. Contact the Law Offices of Christopher M. Cosley today at 847-394-3200.

 

 

Source:

https://www.nytimes.com/2018/06/29/us/politics/womens-march-arrests-dc.html

Peeping in a Window is a Form of Disorderly Conduct

March 20th, 2017 at 8:42 am

peeping in a window, Rolling Meadows Criminal Defense LawyerThere are several different offenses that constitute disorderly conduct under Illinois law. However, one of the least obvious forms of disorderly conduct is voyeurism, or “peeping,” which is an invasion of privacy of someone else. The victim, or person who is spied upon, has had his or her personal space violated by the peeping act, and the Illinois courts take the invasion of privacy very seriously.

Like many of the other forms of disorderly conduct, the offense of peeping often involves a state of intoxication—but certainly not always. Being drunk is no excuse under the law for invading the privacy of another by spying on him or her in their home. However, it does lend context to how the peeping incident may have come to pass.

Many criminal defendants who are charged with disorderly conduct for peeping on someone did so as a result of exercising poor judgement, while in a state of intoxication, or were acting in response to peer pressure.

Whatever the case may be for you, if you are facing disorderly conduct charges for peeping, it is important that you work with a lawyer to fight the charges that are pending against you. You are facing a conviction on a misdemeanor offense. You could go to jail, pay a fine, get a criminal record, and you could develop a reputation if you are convicted.

What Constitutes “Peeping” Under Illinois Law?

Under 720 ILCS 5/26-1(a)(11), someone who looks into a dwelling through a window or other opening for the purpose of being lewd or for spying is considered a voyeur. The act must be done deliberately and for a lewd or unlawful purpose. There is a difference between accidentally and coincidentally looking into someone’s window and doing so with the deliberate intent of unlawfully watching someone through a window.

Deliberately peeping or spying on someone without his or her knowledge is illegal in Illinois and it is a crime that is taken very seriously. Since the offender must have a lewd or ill intent in order to commit the crime, a possible defense is that there was no lewd intent to the act. It could be that the defendant just happened to look in a window and saw someone, or that it was an accident.

While such a defense may be the truth, it can be difficult to prove intent. Still, an experienced and skilled criminal defense lawyer can help you put your strongest defense forward as you fight your disorderly conduct charges.

Are You Facing Disorderly Conduct Charges?

If you have been arrested for disorderly conduct, such as peeping on another through a window or some other opening to a dwelling, it is important that you get into touch with an experienced Rolling Meadows criminal defense lawyer as soon as possible. You could be facing a misdemeanor if you are convicted.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=73600000&SeqEnd=74600000

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