breach of the peace

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Breach of the Peace

A comprehensive term encompassing acts or conduct that seriously endanger or disturb public peace and order.

A breach of the peace was a common-law offense, but is presently governed by statute in many states. It is frequently defined as constituting a form of Disorderly Conduct. Examples include using abusive or obscene language in a public place, resisting a lawful arrest, and trespassing or damaging property when accompanied by violence.

Statutes commonly require that conduct constituting a breach of the peace must be clearly a type of misbehavior resulting in public unrest or disturbance. As an example, a prostitute who solicited men walking by on a public street from her window was found guilty of breaching the peace, but a man who raised his voice to a police officer while the officer was issuing a ticket to him was not guilty of the same offense.

A breach of the peace is synonymous with a disturbance of the peace. Jurisdictions that do not have a specific statutory provision for the offense may punish it as a form of disorderly conduct. The usual penalty imposed is either a fine, imprisonment, or both.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

breach of the peace

n. any act which disturbs the public or even one person. It can include almost any criminal act causing fear or attempting intimidation, such as displaying a pistol or shouting inappropriately. (See: breach)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

breach of the peace

the crime of behaving in a disorderly fashion causing harm or likely to cause harm or generally disturbing the peace. Its wide ambit can raise human rights points.
Collins Dictionary of Law © W.J. Stewart, 2006

BREACH OF THE PEACE. A violation of public order; the offence of disturbing the public peace. One guilty of this offence may be held to bail for his good behaviour. An act of public indecorum is also a breach of the peace. The remedy for this offence is by indictment. Vide Pace,

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
He added that the defendant conducted himself in a manner that was likely to cause the breach of peace by beating one Olalere Hammed.
The five men were also charged with forcible entry, contrary to Section 3 of the Lagos State, Properties Protection Law 2016 and forcible possession of land contrary to section 4 the Lagos State, Properties Protection Law 2016 for entering the land in a manner that is likely to cause a breach of peace.
Ikem said the defendant conducted himself in a manner likely to cause a breach of peace by posting a defamatory statement on social media.
He said that the defendant conducted himself in a manner likely to cause a breach of peace by trespassing into the warehouse of Mr Osita Nwafor to steal his goods.
The prosecution said that the defendant conducted himself in a manner likely to cause a breach of peace by harassing and disturbing the peace of customers at the hotel.
There was a misunderstanding among the supporters which led to breach of peace at the institution.
The police charged Mutaru Idris, 28; Rasheed Olutade, 29, Azeez Ibrahim, 22, and two teenagers with three counts of membership of an unlawful society, conspiracy and breach of peace to which they pleaded not guilty.
21, Oshin St, Alausa, Ikeja, with two counts of damage and breach of peace to which he pleaded not guilty.
Adekoya, 34, and Tijani, 32 are facing a three-count charge of conspiracy, membership of unlawful society and breach of peace.
The police charged Ojimba and Agwu with conspiracy, unlawful abduction and conduct likely to cause breach of peace.
SEVEN suspected to be members of a secret cult, on Wednesday appeared in a Badagry Magistrates' Court in Lagos, for allegedly displaying dangerous weapons, stealing and breach of peace.

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