A night out in Myrtle Beach can turn into a serious problem quickly if an argument, loud confrontation, alcohol-related incident, or interaction with police ends with a disorderly conduct charge.
This is especially important for visitors. If you are in Myrtle Beach for a vacation, concert, motorcycle event, or Bike Week and get arrested, you may be dealing with a South Carolina criminal case even though you live somewhere else.
South Carolina’s disorderly conduct law is found in S.C. Code § 16-17-530. The law covers several specific types of conduct, including certain public intoxication or disorderly behavior, obscene or profane language in specified locations, and certain firearm discharges while under the influence.
Disorderly conduct is a misdemeanor, but that does not mean you should simply pay a fine and move on. The way a case is resolved can affect your criminal record and whether you may qualify for dismissal, conditional discharge, diversion, or expungement.
If you have been charged with disorderly conduct in Myrtle Beach, Conway, or elsewhere in South Carolina, Coastal Law’s criminal defense attorneys can review the circumstances and explain your options.
Disorderly Conduct in South Carolina
South Carolina Code § 16-17-530 identifies several forms of conduct that can constitute public disorderly conduct.
The statute applies when a person is on a highway, at a public place, or at a public gathering and engages in conduct covered by the statute.
What Is A Charge For Disorderly Conduct?
The three primary categories are public intoxication or disorderly and boisterous conduct, certain obscene or profane language, and certain firearm discharges while under the influence.
That is important because the older description of disorderly conduct as a broad “catch-all” offense can be misleading. The statute does not make every rude, annoying, loud, or embarrassing act a crime.
Public intoxication and disorderly or boisterous conduct
The first part of §16-17-530 addresses a person who is found on a highway, at a public place, or at a public gathering in a grossly intoxicated condition or who otherwise conducts himself or herself in a disorderly or boisterous manner.
Alcohol may therefore play a role in many disorderly conduct cases, particularly in tourist areas and during large events.
But being at a bar, having a drink, or being loud does not automatically answer every legal question. The circumstances matter, including where the person was, what the person allegedly did, and what evidence exists.
Coastal Law has previously explained the distinction between disorderly conduct and public intoxication in its article, “Drunk in Public, Public Intoxication, and Disorderly Conduct: What’s the Difference?” That article is a useful resource if alcohol is part of your case.
Obscene or profane language
Section 16-17-530 also addresses obscene or profane language on a highway, at a public place or gathering, or within hearing distance of a schoolhouse or church.
That language needs to be considered alongside the First Amendment.
Not every offensive statement is automatically unprotected speech. South Carolina courts have recognized constitutional limitations on using the disorderly conduct statute to punish protected criticism or speech directed at police officers.
For example, in State v. Perkins, the South Carolina Supreme Court held that the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers and that the State cannot punish an objection to an officer where no fighting words are involved.
State v. Pittman likewise addressed a disorderly conduct arrest involving profane language directed at officers and recognized the importance of the First Amendment in that context.
That does not mean every interaction involving profanity is constitutionally protected. The context, manner of speech, surrounding conduct, and whether the speech constitutes fighting words or is accompanied by other disorderly conduct can matter.
Certain firearm discharges
The third category under § 16-17-530 involves discharging a gun, pistol, or other firearm while under the influence, or while feigning to be under the influence of intoxicating liquor, without just cause or excuse, while upon or within 50 yards of a public road or highway, except upon the person’s own premises.
Because firearm allegations can potentially involve other criminal charges as well, a person facing this type of disorderly conduct charge should have the entire case reviewed rather than focusing only on the disorderly conduct allegation.
What Are the Penalties for Disorderly Conduct in South Carolina?
Under S.C. Code § 16-17-530(A), public disorderly conduct is a misdemeanor punishable by a fine of not more than $100 or imprisonment for not more than 30 days.
The statutory language is important. The maximum punishment is not a $100 fine plus 30 days in jail under this provision. The statute states “or.”
The actual resolution of a case can be different from the statutory maximum. A court may consider the circumstances of the offense, the defendant’s history, and other relevant factors.
A misdemeanor can still have consequences
A $100 maximum fine may not sound particularly serious, but the financial penalty is not necessarily the biggest concern.
A criminal charge can require court appearances and may affect a person’s plans, employment, or travel. A conviction can also create a criminal record that may be relevant to future background checks.
For visitors, there is another practical concern: returning home does not necessarily make a South Carolina criminal case disappear.
If you were arrested while visiting Myrtle Beach, you should understand what court is handling your case and whether you have additional court dates or obligations.
What Defenses May Apply to a Disorderly Conduct Charge?
There is no single defense that applies to every disorderly conduct case. The appropriate defense depends on the facts and evidence.
The alleged conduct did not satisfy the statute
The prosecution must prove the elements of the offense.
If the evidence does not establish the required conduct or circumstances, that may provide a basis for challenging the charge.
For example, an allegation that someone was merely loud or intoxicated does not eliminate the need to examine the precise language of § 16-17-530 and the evidence supporting the charge.
Protected speech and the First Amendment
Protected speech can be particularly important when a disorderly conduct charge arises from an argument with police.
South Carolina’s appellate courts have recognized that citizens have constitutional protection for a significant amount of criticism and verbal challenge directed at law enforcement.
That protection is not unlimited. Speech that qualifies as fighting words or speech combined with other conduct may present a different legal question.
The South Carolina Court of Appeals addressed this distinction in State v. Pittman and State v. LaCoste. Pittman involved profane language directed at police officers, while LaCoste involved repeated obscenities, hostile behavior, refusal to comply, and other conduct that supported the disorderly conduct conviction.
The lesson is that the words alone may not tell the whole story.
A lawyer reviewing a disorderly conduct arrest should look at what was said, who it was directed toward, where it happened, how it was delivered, what else was happening, and what evidence exists.
The evidence may not match the police report
Police reports are important, but they are not necessarily the only evidence in a case.
Cellphone video, surveillance footage, body-camera footage, witness statements, photographs, 911 recordings, and other evidence may provide additional information about what happened.
If you were arrested during a crowded event such as Bike Week, there may be multiple witnesses and significant video evidence. Preserving that evidence can be important.
Constitutional or procedural issues
Depending on the circumstances, a case may also involve questions about whether law enforcement violated constitutional rights or failed to follow required procedures.
The appropriate defense depends on the facts. A criminal defense attorney can review the arrest, available evidence, charging documents, and court history to determine whether there are grounds for dismissal, suppression of evidence, or trial.
What Happens If a Disorderly Conduct Charge Is Dismissed?
A dismissal can be an important outcome because a dismissal is different from a conviction.
South Carolina law also provides specific mechanisms for expungement in certain circumstances.
Under S.C. Code § 17-22-950, when criminal charges are brought in summary court and the accused is found not guilty or the charges are dismissed or nolle prossed, the statute provides for expungement procedures, subject to the exceptions and requirements in the statute.
The details matter, so do not assume that every dismissal is handled exactly the same way.
Conditional discharge for certain first-time offenders
South Carolina’s disorderly conduct statute has its own conditional-discharge provision.
Under § 16-17-530(B), a person who has not previously been convicted of an offense under the statute or a similar drunk or disorderly conduct offense may, with the person’s consent and approval by the circuit solicitor, potentially receive a conditional discharge.
The court may defer further proceedings and place the person on probation with conditions.
If the person violates those conditions, the court can enter an adjudication of guilt. If the conditions are successfully completed, the court must discharge the person and dismiss the proceedings.
The statute specifically states that this discharge and dismissal is not a conviction for purposes of the statute or legal disqualifications or disabilities imposed by law upon conviction.
This option is not automatic, and it should not be confused with simply paying a fine.
Diversion and pretrial intervention
South Carolina also has a statutory pretrial intervention program administered through circuit solicitors.
Eligibility depends on the applicable law, the charge, prior history, and prosecutorial discretion. A disorderly conduct case should therefore be evaluated individually before assuming that PTI or another diversionary option is available.
The important point is that there may be alternatives to simply pleading guilty and accepting a conviction, depending on the circumstances.
Can disorderly conduct be expunged?
In certain circumstances, yes.
Section 16-17-530(C) specifically provides that after a qualifying conditional discharge and dismissal, the person may apply to the court for an order expunging official records relating to the arrest, charging process, trial, finding of guilt, and dismissal and discharge.
South Carolina law also provides expungement procedures for certain summary-court dismissals and not-guilty dispositions.
Coastal Law has a separate resource explaining South Carolina expungement law, “How Do I Get My Charges Expunged in SC?” That article can provide additional background, but eligibility should always be evaluated based on the actual disposition of your case and current law.
What Should Myrtle Beach Visitors Know About Disorderly Conduct?
Myrtle Beach attracts large crowds throughout the year, including visitors attending concerts, festivals, vacations, and motorcycle events.
A crowded environment can create situations where arguments, alcohol, noise, traffic, and police interactions quickly escalate.
What about Myrtle Beach Bike Week?
Bike Week can bring large numbers of motorcycles, visitors, businesses, spectators, and law enforcement officers into the Myrtle Beach area.
Coastal Law previously published an article specifically addressing disorderly conduct during Myrtle Beach Bike Week. The older article contains useful practical lessons about interacting with law enforcement and the constitutional protection for speech, but its event-specific references are from 2018 and should not be treated as current event information.
The practical advice remains relevant: if you are stopped or questioned, avoid escalating the situation.
You generally do not have to agree with an officer, and disagreeing with an officer is not itself a crime. But arguing, resisting, or physically interfering can create additional legal problems.
If you believe your rights have been violated, the better approach is generally to document what happened as safely as possible and address the issue through the legal process.
What if you are from out of state?
If you live outside South Carolina, do not assume you can simply leave the state and ignore the case.
Pay attention to the paperwork you receive after an arrest or citation. Make sure you understand whether you have a court date, whether an attorney can appear on your behalf, and whether there are any conditions associated with your release.
Coastal Law’s article “What Happens After You Are Arrested in South Carolina?” provides additional information about the criminal process and what happens after an arrest.
Can I be charged with public intoxication instead?
Possibly, depending on where the incident occurred and which law applies.
South Carolina does not have a single statewide offense in the South Carolina Code titled “public intoxication,” but municipal ordinances may address public intoxication or impairment. Myrtle Beach, for example, has its own municipal provision addressing public intoxication or impairment.
Meanwhile, § 16-17-530 expressly addresses being found in a grossly intoxicated condition in a highway, public place, or public gathering.
Because the applicable law can depend on the location and charging decision, it is useful to distinguish public intoxication from South Carolina’s statewide disorderly conduct statute.
What Should You Do After a Disorderly Conduct Arrest?
If you are arrested for disorderly conduct, start with the basics.
Do not ignore your paperwork. Find out what you were charged with, where the case is pending, and when you are required to appear.
Avoid posting detailed explanations of the incident on social media. Do not delete potentially relevant evidence, either.
If other people witnessed the incident or you have photographs, videos, receipts, location information, or other evidence that could help establish what happened, preserve it.
You should also be cautious about discussing the details of the case with police or other people involved in the incident. Your attorney can help you determine how to respond to questions and what information should be provided to the prosecution.
If you were arrested while visiting Myrtle Beach, getting legal advice promptly can also help you understand whether you need to return to South Carolina for court or whether your attorney can handle particular appearances.
Why Choose Coastal Law for a Disorderly Conduct Case?
Coastal Law focuses on criminal defense and represents clients in Myrtle Beach, Conway, and other South Carolina communities.
The firm reports more than 25 years of experience and more than 10,000 clients. Attorney Mike Wells founded Coastal Law in 2001 after developing a litigation-focused legal background, including a law degree with a concentration in Litigation Studies. Coastal Law also represents locals and tourists facing criminal charges in South Carolina.
That local experience can be particularly relevant when an arrest occurs in Myrtle Beach or Horry County, where a visitor may be unfamiliar with the local court system.
Coastal Law’s criminal defense practice handles disorderly conduct along with other criminal matters. The firm’s approach is to review the facts and evidence, explain the available legal options, and advocate for the client’s interests.
No attorney can promise a particular result in a criminal case. The outcome depends on the facts, evidence, applicable law, and decisions made by the court and prosecution.
Common Questions About Disorderly Conduct in South Carolina
1. Is disorderly conduct a misdemeanor in South Carolina?
Yes. Public disorderly conduct under S.C. Code § 16-17-530 is a misdemeanor punishable by a fine of not more than $100 or imprisonment for not more than 30 days.
2. Can I be charged with disorderly conduct for cursing at a police officer?
It depends on the circumstances. South Carolina courts have recognized First Amendment protection for significant amounts of criticism and verbal challenge directed at police officers. However, the context, manner of speech, and surrounding conduct can matter.
3. Can a disorderly conduct charge be dismissed?
Potentially. A dismissal may be possible depending on the evidence, legal issues, prosecutorial decisions, and circumstances of the case. Certain diversionary or conditional-discharge options may also be available in appropriate cases.
4. Can disorderly conduct be expunged in South Carolina?
In certain circumstances, yes. South Carolina law provides specific expungement procedures for qualifying dispositions, including certain dismissals and conditional discharges. Eligibility depends on the circumstances and applicable law.
5.What if I was arrested for disorderly conduct while visiting Myrtle Beach?
Do not assume that leaving South Carolina ends the case. Review your paperwork, determine whether you have a court date or other obligations, and consider contacting a South Carolina criminal defense attorney to discuss your options.
Contact Coastal Law About a Disorderly Conduct Charge
A disorderly conduct charge may be a misdemeanor, but it can still create unnecessary complications if it results in a conviction or unresolved criminal record.
Whether the allegation involves alcohol, an argument, profanity, an interaction with police, Bike Week, or another public incident, the specific facts matter.
If you have been charged with disorderly conduct in Myrtle Beach, Conway, or elsewhere in South Carolina, Coastal Law can review your situation and explain the legal options that may be available.
Contact Coastal Law to schedule a consultation about your South Carolina criminal defense case.
Related Articles
Have questions about what happens after an arrest, how South Carolina treats public intoxication, or whether a criminal charge can be removed from your record?
These related articles from Coastal Law cover some of the topics that often come up in disorderly conduct cases and can help you better understand your rights and options.
Reviewed by Michael H. Wells
This page was reviewed for legal accuracy by Michael H. Wells, founder of Coastal Law, LLC. Mike has represented clients in South Carolina since founding Coastal Law in 2001, with a practice focused on criminal defense, personal injury, and civil litigation.
Learn More About Michael H. Wells
Need Help With a South Carolina Legal Matter?
If you have questions about your situation, contact Coastal Law to discuss your case and learn more about your legal options.