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 Ohio, the criminal offense of unlawful assembly is addressed under Ohio Revised Code Section 2917.02, which defines the crime of 'Aggravated Riot' and Section 2917.03, which defines 'Riot.' An aggravated riot involves four or more persons whose assembly results in unlawful conduct such as committing a felony, using force or violence, or posing an immediate danger of property damage or personal injury. A riot, on the other hand, involves four or more persons and may include conduct that is tumultuous or violent, creating a grave risk of causing public alarm, substantially hindering law enforcement, or depriving someone of a legal right. Ohio law also includes offenses such as 'Failure to Disperse' under Section 2917.12, which can be charged when a person does not leave the scene of a riot or unlawful assembly after being ordered to do so by law enforcement. Penalties for these offenses can range from misdemeanors to felonies, depending on the severity of the conduct and the specific circumstances of the offense.
