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 Georgia, the criminal offense of unlawful assembly is addressed under the Georgia Code, specifically in the section related to 'Offenses Against Public Order and Safety.' According to O.C.G.A. § 16-11-32, a person commits the offense of unlawful assembly when they assemble with six or more other persons for the purpose of committing any unlawful act, or for the purpose of carrying out any lawful act in a manner likely to terrify the citizens. The law also covers situations where such an assembly might cause a breach of the peace or provoke a disturbance. Additionally, Georgia law addresses related offenses such as rioting under O.C.G.A. § 16-11-31, which defines a riot as an assembly of three or more persons engaging in tumultuous and violent conduct that results in a clear and present danger of damage to property or injury to persons. Penalties for these offenses can include fines, imprisonment, or both, depending on the severity of the act and the discretion of the court. An attorney can provide more detailed information on how these laws might apply in specific circumstances.