Also known as: breaches the peace · breached the peace · breaching the peace · breach of the peace · disturbing the peace · breach of peace
Written by attorneys · grounded in primary & secondary sources — see below
A public offense done by violence or one causing or likely to cause an immediate disturbance of public order.
Esme burns an American flag during a quiet demonstration at the entrance to a federal preserve. No crowd gathers, no threats are made, and no violence erupts. Because the conduct produces no imminent disturbance of public order, it does not constitute a breach of the peace.
Dean offers Charles cash to start a physical fight with Marshall inside the VIP area so that security will eject the critic. The proposed assault is conduct that would breach the peace. The solicitation therefore satisfies the common-law misdemeanor element.
A secured creditor's agent removes a vehicle from a debtor's driveway at night while the debtor is asleep. No words are exchanged and no force is used. The absence of any immediate risk of violence means the repossession occurs without a breach of the peace.
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A public offense done by violence or one causing or likely to cause an immediate disturbance of public order meets the definition. Courts apply this standard to evaluate both criminal liability and the limits of self-help remedies.
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Flag burning as political expression is protected absent an imminent breach of the peace or another compelling non-speech interest. A regulation aimed at suppressing the communicative impact of the act is unconstitutional.
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Solicitation is a misdemeanor when a person solicits another to engage in conduct that would breach the peace. The offense is complete upon the incitement with specific intent that the solicited person commit the breach-of-the-peace act.
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A secured party may repossess without judicial process only if the repossession can be accomplished without breach of the peace. Conduct that tends to provoke violence or causes an immediate public disturbance violates the limitation.
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