What is BREACH OF THE PEACE? Definition of BREACH OF THE PEACE in Black's Law Dictionary is
A violation or disturbance of the public tranquillity and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl.Comm. 142, et seq.; People v. Bartz, 53 Mich. 493, 19 N.W. 161. "Breach of the peace" is a generic term, State v. Reichman, 135 Tenn. 653, 188 S.W. 225, 228, Ann.Cas.1918B, 889, and includes all violations of public peace or order and acts tending to a disturbance thereof, City of St. Louis v. Slupsky, 254 Mo. 309, 162 S.W. 155, 157, 49 L.R. A.,N.S., 919. One who commits a breach of the peace is guilty of disorderly conduct, but not all disorderly conduct is necessarily a "breach of the peace." Garvin v. City of Waynesboro, 15 Ga.App. 633, 84 S.E. 90, 91; City of Seattle v. Franklin, 191 Wash. 297, 70 P.2d 1049, 1051.
A constructive breach of the peace is an unlawful act which, though wanting the elements of actual violence or injury to any person, is yet inconsistent with the peaceable and orderly conduct of society. An apprehended breach of the peace is caused by the conduct of a man who threatens another with violence or physical injury, or who goes about in public with dangerous and unusual weapons in a threatening or alarming manner, or who publishes an aggravated libel upon another, etc.
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