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 Mississippi, the criminal offense of unlawful assembly is addressed under the state's statutes concerning public peace and good order. Specifically, Mississippi law prohibits riots, routs, unlawful assemblies, and breaches of the peace. According to Mississippi Code Section 97-17-97, an unlawful assembly can be defined as a gathering of three or more persons with the intent to engage in conduct that would constitute a breach of the peace, or where such conduct is likely to result in injury to persons or property, or to obstruct law enforcement or other governmental functions. The law also covers related offenses such as rioting and failure to disperse when commanded by a law enforcement officer. Penalties for participating in an unlawful assembly may include fines, imprisonment, or both, and the severity of the punishment can vary based on the specific circumstances and whether any other crimes were committed during the incident. An attorney can provide more detailed information on how these laws are applied and what defenses might be available to someone charged with unlawful assembly in Mississippi.