Are disorderly conduct and public drunkenness crimes in Pennsylvania?

Last updated October 4, 2026.

Yes. Both are crimes under the Pennsylvania Crimes Code, usually at the lowest grade. Public drunkenness is always a summary offense, with a fine of up to $500 for a first violation and up to $1,000 after that (18 Pa.C.S. 5505). Disorderly conduct is a summary offense in most cases, but it becomes a third-degree misdemeanor, punishable by up to a year in jail, when the person intended substantial harm or serious inconvenience or kept going after a reasonable warning to stop (18 Pa.C.S. 5503(b)).

These charges often come together after a night out, a dispute in a parking lot or a call to the police about noise. They are common: Media Borough's police complaint log for August 2026 lists 15 disorderly conduct calls and 2 public drunkenness calls among 666 calls that month. For our approach to criminal cases in general, see our criminal defense page.

What counts as disorderly conduct?

Under 5503(a), a person commits disorderly conduct if, "with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof," the person:

• engages in fighting or threatening, or in violent or tumultuous behavior;
• makes unreasonable noise;
• uses obscene language or makes an obscene gesture; or
• creates a hazardous or physically offensive condition by an act that serves no legitimate purpose.

The conduct has to be "public." The statute defines that as affecting or likely to affect people in a place the public or a substantial group can reach, and lists highways, transport facilities, schools, prisons, apartment houses, businesses, places of amusement, "any neighborhood" and premises open to the public (5503(c)). Whether the required intent or recklessness was there, and whether the setting was public, are often the real questions in these cases.

When does disorderly conduct become a misdemeanor?

A misdemeanor is a step up in seriousness: it is handled as a court case rather than a summary citation, which can mean a preliminary hearing and the Court of Common Pleas, and it must wait longer before it can be sealed. For the full grading ladder, see our Pennsylvania criminal penalties chart.

What does public drunkenness require?

Section 5505 makes it an offense to appear "in any public place manifestly under the influence of alcohol or a controlled substance," to the degree that the person "may endanger himself or other persons or property, or annoy persons in his vicinity." Two points stand out. Being drunk in public is not enough on its own; the statute requires that degree of danger or annoyance. And drugs taken under a lawful prescription are excluded. Driving is a separate matter: impairment behind the wheel is charged as DUI, explained on our DUI defense page.

How is a summary charge handled?

Most of these cases begin with a citation and are heard by a magisterial district judge. You must plead guilty or not guilty within ten days of the citation (Pa.R.Crim.P. 407), and paying the citation by mail is a guilty plea and a conviction (Rule 409). A summary conviction can be appealed for a new trial in the Court of Common Pleas within 30 days (Rule 460). The steps are covered in detail in what a summary offense is and whether it goes on your record. In Delaware County the citation goes to the district court for the place of the incident, listed on our page about Delaware County's district courts.

What other charges often come with these?

A night that ends in a disorderly conduct citation can bring other charges too. Each has its own elements and grade:

For an underage drinking charge, the district judge may admit a person with no earlier preadjudication disposition for that offense to an adjudication alternative, which still counts as an offense for later cases, and police must notify the parents or guardian of a minor charged (6308(c) and (d)). If a fight caused an injury, assault charges are a different matter, explained on our assault defense page.

Is diversion available in Delaware County?

For a misdemeanor charge, possibly. The Delaware County District Attorney runs a Misdemeanor Diversion Program for "low-level, non-violent misdemeanor offenses." Participants are fingerprinted, waive the preliminary hearing, complete community service hours, typically eight, at an approved nonprofit, pay court costs, and may be assigned extra requirements such as anger management. No plea is entered; once the requirements are met, the Commonwealth withdraws the prosecution. ARD may also be an option for a first offense, at the DA's discretion. Our page on diversion programs for non-DUI charges in Delaware County compares the programs.

Can these charges be cleared later?

Yes, in most cases. A summary conviction is sealed automatically under Clean Slate five years after the conviction once restitution is paid, and may be expunged by petition after five years free of arrest or prosecution (18 Pa.C.S. 9122.2(a)(3) and 9122(b)(3)). A third-degree misdemeanor conviction becomes eligible for automatic Clean Slate sealing after seven years free of conviction for any offense punishable by a year or more (9122.2(a)(1)). A charge that is withdrawn or dismissed, including after diversion, can be expunged. See how to clear a criminal record in Pennsylvania.

What changes the answer?

• Intent and warnings. Intent to cause substantial harm or serious inconvenience, or continuing after a reasonable warning, makes disorderly conduct a misdemeanor (5503(b)).
• Whether the place was public. Conduct in a private home that affects no one in a public place may fall outside 5503(c).
• The degree of intoxication. Public drunkenness requires danger to yourself, others or property, or annoyance to people nearby, not just being drunk (5505).
• Your age. People under 21 can also face an underage drinking charge, and the adjudication alternative is available only once.
• Your record. A second public drunkenness violation raises the maximum fine, and earlier convictions affect diversion eligibility.
• Whether you were driving. Impairment behind the wheel is a DUI case with its own steps; see what happens after a DUI arrest in Delaware County.

For example: told to leave, then cited

Here is a hypothetical. Two friends are asked to leave a bar on State Street in Media after an argument. One leaves right away and is cited outside for public drunkenness after stumbling into traffic, a summary offense with up to a $500 fine on a first violation. The other keeps shouting in the doorway after an officer warns him to stop. Continuing after a reasonable warning can make his disorderly conduct a third-degree misdemeanor, and refusing the owner's personal order to leave can add defiant trespass, also a third-degree misdemeanor.

The first friend handles a summary case at the district court, where she can plead not guilty and go to trial. The second faces misdemeanor charges, which open the door to the county's Misdemeanor Diversion Program if the DA agrees. Both records can later be cleared on the timelines above. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with these charges?

• Paying the citation by mail without thinking. That is a guilty plea and a conviction (Rule 409).
• Arguing with the officer after a warning. Continuing after a reasonable warning is exactly what turns a summary into a misdemeanor.
• Refusing to leave when the owner says so. That can add a defiant trespass charge.
• Ignoring the ten-day deadline. An unanswered citation can lead to a warrant.
• Assuming a summary conviction disappears on its own right away. Clean Slate takes five years after the conviction.
• Posting about the night online. Posts can become evidence of intent or of what happened.

What should I do this week?

1. Read the citation or complaint and note each charge, its grade and the response deadline.
2. Write down what happened, who was there and whether anyone gave you a warning.
3. Save receipts, texts or ride records that show times and places.
4. Decide whether to plead guilty or not guilty within ten days, ideally after talking to a lawyer.
5. If a misdemeanor is charged, ask about Misdemeanor Diversion before the preliminary hearing.
6. Keep any court notices and calendar 30 days from any plea or verdict for a possible appeal.

Frequently asked questions

Can I be charged with disorderly conduct for swearing?

Obscene language or gestures are one of the listed forms (5503(a)(3)), but the statute also requires the intent to cause public inconvenience, annoyance or alarm, or reckless creation of that risk, in a public setting. Context matters.

Is public drunkenness a crime if I was just walking home?

Being drunk in public is not enough by itself. The statute requires being manifestly under the influence to the degree that you may endanger yourself, others or property, or annoy people nearby (5505).

Will a disorderly conduct conviction show up on a background check?

It can until it is sealed or expunged. A summary conviction is sealed under Clean Slate five years after conviction, and a third-degree misdemeanor after seven conviction-free years.

Can the charge be reduced?

Changes to the charges come from the prosecution, often as part of an agreement, and at the preliminary hearing a misdemeanor can be held only if the evidence supports it; see what happens at a preliminary hearing.

What happens at the trial on a summary charge?

The magisterial district judge hears the case without a jury. The officer who filed the citation, or a prosecutor, presents the evidence, and you may cross-examine, call witnesses and testify; if there is a reasonable likelihood of jail or probation and you cannot afford a lawyer, one must be appointed (Pa.R.Crim.P. 454). The verdict is announced in open court at the end.

Do these charges affect my driver's license?

Disorderly conduct and public drunkenness are Crimes Code offenses, not driving offenses. Driving after drinking is a separate DUI matter, covered on our DUI defense page.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a disorderly conduct or public drunkenness charge.