A.R.S. 13-2904(A)(1) Disorderly Conduct
In In re Julio L., 3 P.3d 383, No. CV-99-0377-PR (Ariz. June 1, 2000), the minor was charged with disorderly conduct in violation of 13-2904(A)(1) for engaging in "seriously disruptive behavior."
After ignoring three requests by his school principal to speak with her outside the classroom, the minor, in the presence of other students, looked directly at her, said "F--- you," then kicked over a molded plastic chair. Holding that behavior did not rise to the level of disorderly conduct, the supreme court observed:
We do not condone the type of behavior in question, but must keep in mind the difference between civil and criminal conduct.
Our laws do not make criminals out of adults or juveniles just because they act offensively or rudely or lack respect and control. . . .
We are, of course, quite aware that the schools need the support of our legal system. Under the current statutes, however, we cannot equate a child's acting out through cursing or through angry or defiant words and actions with conduct proscribed by the current criminal statute. We will not attempt to do so by stretching the statute to punish school behavioral problems of a type that, though unfortunately all too common, neither injure or threaten any person nor seriously disrupt any school class or function. Julio L., 12 P14.