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 Florida, the criminal offense of unlawful assembly is addressed under Florida Statutes Section 870.02. The law defines unlawful assembly as a gathering of three or more people with a common intent to commit a breach of the peace, or any other unlawful act. Such an assembly is considered unlawful if it causes a reasonable fear that it will disturb the peace, threaten violence, or present a clear and present danger of riot, destruction of property, or immediate violence. This offense is classified as a second-degree misdemeanor, which can result in penalties including fines and imprisonment. Florida law also covers related offenses such as rioting and inciting a riot under Sections 870.01 and 870.03, respectively. These statutes outline the definitions and penalties for participating in, inciting, or failing to disperse from a riot or unlawful assembly. It is important for individuals to understand that while peaceful assembly is protected by the First Amendment, once an assembly crosses the threshold into behavior that fits the criteria of unlawful assembly as defined by Florida law, it becomes a criminal matter.