"I knew someone who was arrested for "potentially creating a public nuisance". The courtroom laughed when the charge was read. If you can be arrested for "potentially" doing something that hasn't been done, where does the line get drawn? We all have the potential for doing just about anything. Arresting someone on potentiality seems insane to me."
First off, I have never heard of this particular crime. Was it in Vermont? The quote you provided seems to be part of a larger charge. Perhaps something like “Using obscene language while potentially creating a public nuisance.” I’m not sure about the specifics of that case.
You cannot be charged with “potentially” doing something. However, you can be charged with doing something that has “potential” results, even if those results do not actually happen. An example is the age old “yelling fire in a crowded movie theater.” This is illegal under Vermont law (Title 13, Chapter 41, Section 1753). It is illegal because doing so has the potential of causing an evacuation. It has the potential to cause injury and inconvenience during that evacuation. Yelling, “fire” and creating a false public alarm is illegal even if there is no evacuation and no injury.
Another example is Reckless Endangerment (Title 13, Chapter 19, Section 1025). This law makes it illegal for a person to “recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury.” There does not actually have to be any injury as a result. The actor merely needs to create a situation that exposes the victim to a “potential” injury.
One final example is Disorderly Conduct (Title 13, Chapter 19, Section 1026). This law states:
A person who, with intent to cause public inconvenience, or annoyance or recklessly creating a risk thereof:
(1) Engages in fighting or in violent, tumultuous or threatening behavior; or
(2) Makes unreasonable noise; or
(3) In a public place uses abusive or obscene language; or
(4) Without lawful authority, disturbs any lawful assembly or meeting of persons; or
(5) Obstructs vehicular or pedestrian traffic, shall be imprisoned for not more than 60 days or fined not more than $500.00 or both.
As you can see in this law it is illegal if you are “recklessly creating the risk thereof,” which is another way of saying potential. It does split a bit of a legal hair, but potentially doing something is not a crime. Doing something with potential results can be.
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