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 North Carolina, the criminal offense of unlawful assembly is addressed under the state's General Statutes. Specifically, N.C. Gen. Stat. § 14-288.2 defines a riot, and § 14-288.4 outlines the offense of disorderly conduct, which can encompass behaviors related to unlawful assembly. A riot involves an assembly of three or more persons acting with a common purpose to create an immediate danger of damage to property or injury to persons, substantially obstruct law enforcement, or by use of force or violence cause a disturbance. Disorderly conduct may include obstructing traffic, being disruptive in public places, or engaging in conduct that can cause a breach of the peace. Penalties for these offenses can range from misdemeanors to felonies, depending on the severity of the actions and the presence of aggravating factors, such as the use of a dangerous weapon or resulting in property damage or injury. It's important to note that the right to peaceably assemble is protected by the First Amendment, but this right does not extend to actions that are violent or pose a threat to public safety, which can be deemed unlawful assembly.