Legal Definitions - unlawful assembly

Unlawful assembly refers to a gathering of three or more individuals with a shared intention to disturb public peace, commit an illegal act, or engage in intimidating and disorderly conduct that could reasonably cause others to fear a breach of peace or violence.

It is important to note that the intent to cause trouble does not necessarily have to be present from the very beginning of the gathering; it can develop as the group assembles. This offense focuses on the intent and potential for disorder, rather than the actual execution of violence, which would escalate to more serious offenses like a "rout" (taking steps towards violence) or a "riot" (actual performance of violence).

• Example 1: Escalating Protest

  A group of five individuals attends a public demonstration. Initially, their intent is peaceful protest. However, during the event, they begin to openly discuss and agree upon a plan to block a major public road and spray-paint slogans on a nearby building to amplify their message. Even if they haven't yet acted on this plan, their shared intent to commit illegal acts (blocking traffic, vandalism) and disturb public order, formed among three or more people, could constitute an unlawful assembly.

  This illustrates unlawful assembly because three or more individuals developed a common intent to commit unlawful acts and disturb public peace, even if their initial gathering was lawful.

• Example 2: Neighborhood Confrontation

  Three neighbors, who have a long-standing dispute over a shared fence line, gather together at the property boundary. They begin shouting threats and making aggressive gestures towards a fourth neighbor who is on their own property, intending to intimidate them and provoke a physical altercation. Their gathering, with the explicit shared intent to cause a disturbance and potentially violence, could be deemed an unlawful assembly.

  This demonstrates unlawful assembly as three or more people gathered with the clear intent to intimidate, disturb the peace, and potentially incite violence against another individual.

• Example 3: Planned Disruption of an Event

  A small group of four individuals meets in a park adjacent to a large outdoor concert. They are overheard discussing their detailed plan to rush the stage during a performance, throw non-harmful but disruptive objects, and use air horns to create chaos, with the explicit goal of forcing the event to shut down prematurely. Their gathering, with this shared and articulated intent to cause significant public disturbance and disorder, could be classified as an unlawful assembly.

  This example highlights unlawful assembly because four individuals formed a common intent to disrupt a public event through disorderly conduct, aiming to cause fear and shut down the proceedings.