This is because the elements of the crime about physical assaults and threatening to damage someone's personal property can occur anywhere (even in your home). However, breach of peace in the second degree in violation of Connecticut General Statutes § 53a-181 is still a very commonly charged domestic violence crime. This perhaps explains why disorderly conduct is the crime more frequently charged in domestic violence disputes. What distinguishes breach of peace in the second degree is that many of the actions prohibited are required to have occurred in a public place while in the crime of disorderly conduct almost acts are prohibited regardless of where they take place. This crime is closely related to the crime of disorderly conduct. This statute also applies to the use of obscene language and gestures so often the application of this statute is in contradiction to the accused rights of freedom of speech under the First Amendment. Breach of peace in the second degree is so broad it can cover many situations from a bar fight to a domestic violence dispute. Many of our clients who have been charged with this offense feel like they have been unfairly targeted.
The standard for what constitutes a breach of the peace in violation of Connecticut General Statutes § 53a-181 is highly subjective and is often employed in an arbitrary and discriminatory manner. This statute is known as a "catch-all" statute designed to cover a wide range of behaviors and gives the arresting officer lots of discretion on whether to make an arrest. Definition of Breach of Peace in the Second Degreeīreach of the peace is one of the most commonly charged crimes in Connecticut.
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