D was arrested during an anti-war demonstration at the intersection of Routes 7 and 9 in Bennington. D was part of a group that blocked traffic at the intersection for approximately fifteen minutes. D stood in the intersection, praying and holding a sign bearing anti-war slogans and newspaper clippings, including an article accompanied by a photograph of a wounded Iraqi child. D was asked to leave the intersection a number of times, and when she refused, she was arrested, along with eleven other protesters. D was charged with disorderly conduct, 'with intent to cause public inconvenience and annoyance, and obstructing vehicular traffic. D admitted to blocking traffic but stated her only intent in doing so was to protest the war in Iraq, not to cause public inconvenience or annoyance. The court instructed the jury that P could establish D's intent to cause public inconvenience or annoyance by proving beyond a reasonable doubt that she acted 'with the conscious object of bothering, disturbing, irritating, or harassing some other person or persons.' The court added that 'this intent may also be shown if P proves beyond a reasonable doubt that D was practically certain that another person or persons . . . would be bothered, disturbed, irritated, or harassed.' D was convicted an appealed.

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