Inciting a Breach of Peace – NRS 203.030 & NRS 203.040

Overview

Inciting a breach of peace, as defined under Nevada Revised Statutes (NRS) 203.030 and NRS 203.040, involves actions or words that provoke or encourage others to disturb the peace or engage in violent or disruptive behavior. These statutes are designed to maintain public order and prevent situations that could lead to violence, property damage, or threats to public safety. A conviction for inciting a breach of peace can result in serious legal consequences, including fines and imprisonment. Attorney Josh Tomsheck of Hofland & Tomsheck is a highly experienced criminal defense lawyer who can help those accused of this offense navigate their legal challenges and protect their rights.

Definition of Inciting a Breach of Peace

Under NRS 203.030 and NRS 203.040, inciting a breach of peace encompasses several actions, including:

1. Provoking Violence or Disorder: The statute criminalizes behavior or speech intended to incite others to disturb the peace, engage in disorderly conduct, or commit violent acts. This can include shouting inflammatory remarks, making threats, or otherwise encouraging others to disrupt public order.
2. Encouraging a Riot or Unlawful Assembly: NRS 203.040 specifically addresses the act of willfully inciting others to participate in a riot or unlawful assembly, which involves gathering in a way that disrupts public peace or poses a threat to safety.
3. Public Settings: These actions are often carried out in public spaces where the potential for disruption or violence is significant, such as at protests, public gatherings, or crowded events.

Legal Requirements for Prosecution

To secure a conviction for inciting a breach of peace under NRS 203.030 or NRS 203.040, the prosecution must prove the following elements beyond a reasonable doubt:

1. Intentional Conduct: The accused must have willfully engaged in actions or speech intended to provoke others to breach the peace or engage in violent or disorderly behavior.
2. Resulting Disturbance or Threat: It must be shown that the actions of the accused resulted in an actual disturbance of the peace or posed a clear and present danger of such a disturbance.
3. Public Context: The behavior must have occurred in a public setting or in a context where it could reasonably be expected to provoke a breach of peace.

Related Offenses

Inciting a breach of peace is closely related to several other offenses under Nevada law. Understanding these related charges is essential, as they may be charged alongside or in lieu of inciting a breach of peace, depending on the circumstances:

• Disorderly Conduct – NRS 203.010: Involves behavior that disrupts public order, such as fighting, making loud noises, or engaging in threatening behavior.
• Riot – NRS 203.070: Involves the active participation in a violent or tumultuous public disturbance involving three or more people.
• Unlawful Assembly – NRS 203.060: Involves gathering with others with the intent to commit an unlawful act or engage in conduct that poses a threat to public safety or order.

Examples of Inciting a Breach of Peace Offenses

To illustrate how NRS 203.030 and NRS 203.040 are applied, consider the following examples:

• Example 1: During a protest, an individual uses a megaphone to encourage the crowd to “storm” a government building. This behavior could be considered inciting a breach of peace under NRS 203.030 and may lead to criminal charges.
• Example 2: A person in a crowded bar starts shouting insults and encouraging others to start a fight. If the situation escalates and a brawl breaks out, the individual could be charged with inciting a breach of peace under NRS 203.040.

Penalties for Inciting a Breach of Peace

The penalties for inciting a breach of peace under NRS 203.030 and NRS 203.040 can vary depending on the severity of the conduct and its impact on public safety:

• Misdemeanor Offense: Most cases of inciting a breach of peace are classified as misdemeanors, carrying the following penalties:
  • Imprisonment: Up to 6 months in county jail.
  • Fines: Up to $1,000.
  • Community Service or Probation: In some cases, the court may impose community service or probation instead of or in addition to jail time.
• Gross Misdemeanor or Felony Charges: If the incitement leads to significant violence, injury, or property damage, the charges can be elevated to a gross misdemeanor or even a felony, carrying more severe penalties, including longer imprisonment and higher fines.

Defenses Against Inciting a Breach of Peace Charges

If you are facing charges for inciting a breach of peace under NRS 203.030 or NRS 203.040, several defenses may be applicable depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Intent: Demonstrating that the accused did not intend to provoke or incite a breach of peace can be a strong defense. If the speech or actions were not intended to incite others to violence or disorderly conduct, this may mitigate liability.
2. Free Speech Protections: The First Amendment protects freedom of speech, and not all inflammatory or provocative speech is illegal. If the accused’s actions were within the bounds of protected speech and did not pose a clear and present danger of inciting violence or disorder, the charges may be dismissed.
3. Insufficient Evidence: If the prosecution cannot provide adequate evidence to prove that the accused’s actions directly incited a breach of peace, the charges may be dismissed.
4. No Resulting Disturbance: If no actual breach of peace occurred as a result of the accused’s conduct, this could be used as a defense, as the statute requires that the actions result in or pose a significant risk of causing a disturbance.

The Importance of Legal Representation

Navigating the complexities of inciting a breach of peace charges requires knowledgeable legal representation. Attorney Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling cases involving public order offenses equips him to provide a robust defense against charges under NRS 203.030 and NRS 203.040.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal landscape make him a formidable advocate in cases involving inciting a breach of peace.

Understanding Your Rights

If you are accused of inciting a breach of peace, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about defending against inciting a breach of peace charges under NRS 203.030 and NRS 203.040 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.