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Wisconsin Supreme Court Explanation of what constitutes Disorderly Conduct in Case No. 99-1767-FT State of Wisconsin v Douglas D.

Section 947.01 provides: "Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor. To prosecute a defendant for a violation of this statute, the State has the burden to prove two elements. First, it must prove that the defendant engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or similar disorderly conduct.
See State v. Zwicker, 41 Wis. 2d 497, 514, 164 N.W.2d 512 (1969). Second, it must prove that the defendant's conduct occurred under circumstances where such conduct tends to cause or provoke a disturbance. Id. Under both elements,"[i]t is the combination of conduct and circumstances that is crucial in applying the statute to a particular situation." State v.
Maker, 48 Wis. 2d 612, 616, 180 N.W.2d 707 (1970).

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