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Clown Charged with Disorderly Conduct & Resisting Arrest

Posted by attorney Jeremy Geigle

A driver pulled up to a street light outside of Milwaukee’s City Hall and watched as a police officer walked up to a clown and reached out to grab him. The next thing the driver knew, the clown and the police officer were rolling around on the ground fighting. The officer began punching the clown until a second officer showed up to assist in the arrest.

Police had received several complaints about a clown who was chasing after cars with a squirt gun; he was later arrested for disorderly conduct and resisting arrest, and the witness was able to capture the entire scene on camera.

Disorderly conduct is defined in A.R.S. 13-2904 as:

  1. Fighting, violent, or seriously disruptive behavior.
  2. Unreasonable noise.
  3. Abusive or offensive language or gestures to any person that will provoke physical retaliation.
  4. A commotion that prevents the transaction of the business of a lawful meeting or gathering.
  5. Refusal to obey a lawful order to disperse from dangerous proximity of a fire, hazard, or emergency.
  6. Displaying or discharging a deadly weapon or dangerous instrument.

Disorderly conduct is a class 1 misdemeanor, unless an individual violates paragraph 6, in which case it increases to a class 6 felony. A class 1 misdemeanor is punishable by up to 6 months in jail plus fines and probation. A class 6 felony carries a maximum sentence of 1.5 years plus fines and probation.

A.R.S. 13-2508 states that a person is guilty of resisting arrest if that person:

  1. Uses or threatens the use of physical force against a police officer.
  2. Uses other means to create a substantial risk of causing injury to a police officer.
  3. Engages in passive resistance.

A person who violates paragraph 3 under A.R.S. 13-2508 is guilty of a class 1 misdemeanor, otherwise it is charged as a class 6 felony.

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