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 New Mexico, the criminal offense of unlawful assembly is addressed under the New Mexico Statutes Annotated (NMSA), specifically within the penal or criminal code. According to NMSA 30-20-2, an unlawful assembly occurs when three or more persons assemble with the intent to commit a violent act, or to do any act in such a manner as is likely to terrify or disturb the peace of the neighborhood. This statute aligns with the general definition of unlawful assembly, which includes the intent to breach the peace or commit an unlawful act, creating immediate danger, obstructing governmental functions, being violent or tumultuous, or depriving others of legal rights through force or threat of force. 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 any resulting harm or damage. It is important for individuals in New Mexico to understand that engaging in such conduct can lead to serious legal consequences, and anyone facing charges related to unlawful assembly should consult with an attorney for legal advice specific to their situation.