In North Dakota, flipping off a police officer—that is, making an obscene gesture commonly known as “flipping the bird”—can potentially be illegal, depending on the context and intent.
According to state law, this act could be categorized as disorderly conduct, especially if done with the intent to harass, annoy, or alarm the officer.
What Does North Dakota Law Say?
Under North Dakota law (N.D.C.C. § 12.1-31-01), “obscene gestures” and “intent to harass or disturb others” are considered disorderly conduct. If someone flips off a police officer in a public space with the intention of harassing or alarming them, it could lead to a charge of disorderly conduct.
What Is Disorderly Conduct?
Disorderly conduct in North Dakota is a Class B misdemeanor. This means that it is considered a criminal offense, punishable by up to 30 days in jail or a fine of up to $1,500, or both. Disorderly conduct includes the use of obscene gestures or offensive language that disrupts public peace or provokes police officers.
Does This Always Apply to Flipping Off a Cop?
No, the law depends on the context and intent. If a person makes the gesture without any malicious intent or in a way that does not disturb others, it may not be considered illegal. However, if the gesture is meant to provoke, harass, or alarm the officer, it could be viewed as disorderly conduct.
First Amendment Considerations
In the U.S., the First Amendment protects citizens’ right to freedom of speech, which means people have the right to express themselves. Under this right, challenges can be made to laws that prohibit obscene gestures or offensive language.
However, this right may be limited in some situations, especially when the conduct disturbs public peace or incites a response from law enforcement.
Legal Consequences of Flipping Off a Cop in North Dakota
If someone flips off a police officer and it is deemed disorderly conduct, they may face a Class B misdemeanor charge. This could lead to penalties such as jail time or a fine.
Although it may not be a serious criminal matter, the intent is to maintain public peace and ensure that police officers and other citizens are not provoked or threatened.
Flipping off a police officer in North Dakota could be considered illegal if it leads to disorderly conduct, depending on the intent and context.
If the gesture is deemed to disturb public peace, it can result in criminal charges. However, the First Amendment protects the right to free expression, and this may be challenged in certain circumstances.
[1] https://law.justia.com/cases/north-dakota/supreme-court/1991/900263-3.html
[2] https://stopstreetharassment.org/wp-content/uploads/2013/12/SSH-KYR-NorthDakota.pdf
[3] https://www.heartlandlawoffice.com/criminal-offenses/sexual-harassment
