The criminal offense of unlawful assembly generally means the assembly of multiple persons resulting in conduct that (1) is intended to commit a breach of the peace or other unlawful act; (2) creates an immediate danger of damage to property or injury to persons; (3) substantially obstructs law enforcement or other governmental functions or services; (4) is tumultuous or violent and likely to cause public alarm; or (5) deprives any person of a legal right or disturbs any person in the enjoyment of a legal right by using force or the threat of force.
Unlawful assembly laws vary from state to state and some states have related offenses such as rioting, riots and routs, participating in a riot, inciting a riot, failing to disperse, and disturbing the peace. The criminal offense of unlawful assembly may be included in the definition of one or more of these offenses or may be a separate criminal offense. These laws are generally located in a state’s statutes—often in the penal or criminal code.
In Alabama, the criminal offense of unlawful assembly is addressed under the state's penal code. Specifically, Alabama law considers it a crime when two or more persons congregate with the intent to commit an unlawful act or conduct themselves in a tumultuous and violent manner that is likely to cause public alarm or provoke a disturbance. This is closely related to the offenses of rioting and inciting to riot, which involve a group of people engaging in violent or disorderly conduct that results in a breach of the peace or creates a clear and present danger of damage to property or injury to persons. The statutes also cover the failure to disperse when a lawful command is given by a law enforcement officer in the event of an unlawful assembly or riot. Penalties for these offenses can vary, but they generally include fines, imprisonment, or both. An attorney can provide specific guidance on how these laws are applied and what defenses might be available to someone charged with unlawful assembly or related offenses in Alabama.