(a)(7) re placing of a nonfunctional imitation of an explosive or incendiary device in a public place, said provision being reenacted as part of Sec. 01-2 renamed offense by replacing “breach of the peace” with “breach of the peace in the second degree” where appearing, deleted Subsec. (b) to add exception making a violation of Subdiv. (a)(7) re placing a nonfunctional imitation of an explosive or incendiary device in a public place and defined “public place”, and amended Subsec.
(b) to make a technical change in the name of the offense P.A. (a)(6) to replace “public, hazardous or physically offensive condition” with “public and hazardous or physically offensive condition” and amended Subsec. (b) Breach of the peace in the second degree is a class B misdemeanor. For purposes of this section, “public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.
(a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place or (2) assaults or strikes another or (3) threatens to commit any crime against another person or such other person's property or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person or (5) in a public place, uses abusive or obscene language or makes an obscene gesture or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do.
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